New York Appellate Criminal Cases Originating from the New York Supreme Court NY County

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September 24, 2010.

1. The People of the State of New York, Respondent, v. Ernesto Abreu, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3237
_________________________ Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered June 6, 2008, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the fifth deg. . .


2. The People of the State of New York, Respondent, v. Keith Brown, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3238
_________________________ Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered on or about April 22, 2009, unanimously affirmed. Application by appellant's counsel to withdraw as counsel is granted (see Anders v. California, 386 U.S. 738 1967; People v. Saunders, 52 A. . .


3. The People of the State of New York, Respondent, v. Stephen Phinazee, Defendant-Appellant.
Slip Copy, N.Y.A.D. 1 Dept. 2010., 3242
_________________________ _______________________ Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Allen J. Vickey of counsel), for respondent.


4. The People of the State of New York, Respondent, v. Jamel Duggins, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3243
_________________________ Order, Supreme Court, New York County (Michael J. Obus, J.), entered April 8, 2009, which adjudicated defendant a level two sex offender pursuant to the Sex Offender Registration Act (Correction Law art 6-C), unanimously affirmed, without costs.The court properly exercise. . .


5. The People of the State of New York, Respondent, v. Rafael Padilla, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3246
_________________________ Judgment of resentence, Supreme Court, New York County (Richard D. Carruthers, J.), rendered April 17, 2009, resentencing defendant to concurrent terms of 12 years, with 5 years' postrelease supervision, unanimously affirmed.The resentencing proceeding imposing a term of . . .


6. The People of the State of New York, Respondent, v. Nathaniel Syville, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3248
_________________________ Judgment of resentence, Supreme Court, New York County (William A. Wetzel, J.), rendered January 6, 2009, resentencing defendant to a term of 12 years, with 5 years' postrelease supervision, unanimously affirmed.The resentencing proceeding imposing a term of postrelease s. . .


7. The People of the State of New York, Respondent, v. Manuel Mack, Defendant-Appellant.
--- N.Y.S.2d ----, N.Y.A.D. 1 Dept. 2010., 3249
_________________________ Judgment, Supreme Court, New York County (Renee A. White, J.), rendered June 30, 2009, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 5 years, unanimously affirmed.The court properly exercised its discretion . . .

September 27, 2010.

1. The PEOPLE of the State of New York, Respondent, v. Stephen PHINAZEE, Defendant-Appellant.
Slip Copy, N.Y.A.D. 1 Dept.,2010.,
An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Renee A. White, J.), rendered on or about June 9, 2009,And said appeal having been argued by counsel for the respective parties; and due deliberation having been had thereon,. . .

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