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

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September 30, 2010.

1. The PEOPLE of the State of New York, Respondent, v. Heath EDMEAD, 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 White, J.), rendered on or about January 21, 2009,And said appeal having been argued by counsel for the respective parties; and due deliberation having been had thereon. . .


2. The PEOPLE of the State of New York, Respondent, v. Marlon ELLIOTT, etc., 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 (Rena K. Uviller, J.), rendered on or about July 16, 2008,And said appeal having been argued by counsel for the respective parties; and due deliberation having been had thereo. . .


3. The PEOPLE of the State of New York, Respondent, v. Livingston CLARK, Defendant-Appellant.
2010 WL 3744577, N.Y.A.D. 1 Dept.,2010.,
Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered February 11, 2009, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a second felony offender, to a term of 5 years, unanimously affirmed. The verdict was based on legally suff. . .


4. The PEOPLE of the State of New York, Respondent, v. Ernesto ABREU, Defendant-Appellant.
2010 WL 3701317, N.Y.A.D. 1 Dept.,2010.,
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 degree and criminally using dru. . .


5. The PEOPLE of the State of New York, Respondent, v. Keith BROWN, Defendant-Appellant.
2010 WL 3701321, N.Y.A.D. 1 Dept.,2010.,
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, 87 S.Ct. 1396, 18 L.Ed.2d 493 1967; People v. Saunders, 52. . .


6. The PEOPLE of the State of New York, Respondent, v. Jamel DUGGINS, Defendant-Appellant.
2010 WL 3701349, N.Y.A.D. 1 Dept.,2010.,
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 exercised its discretion in decl. . .


7. The PEOPLE of the State of New York, Respondent, v. Nathaniel SYVILLE, Defendant-Appellant.
2010 WL 3701368, N.Y.A.D. 1 Dept.,2010.,
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 supervision was not barred. . .


8. The PEOPLE of the State of New York, Respondent, v. Manuel MACK, Defendant-Appellant.
2010 WL 3701371, N.Y.A.D. 1 Dept.,2010.,
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 in denying defendant yout. . .


9. The PEOPLE of the State of New York, Respondent, v. Gerard JOHNSON, Defendant-Appellant.
907 N.Y.S.2d 6, N.Y.A.D. 1 Dept.,2010.,
Affirmed. Background: Defendant was convicted, upon plea of guilty, in the Supreme Court, New York County, Lewis Bart Stone, J., of assault in the first degree as hate crime, and was sentenced to 17 years' imprisonment. Defendant appealed. Judgment, Supreme Court, New York County (Lewis Ba. . .