Tuesday, October 12, 2010

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

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October 11, 2010

New York Appellate Criminal Cases Originating From NY Supreme Court New York CountyCustomize

1. The PEOPLE of the State of New York, Respondent, v. Greg CANTONI, Defendant-Appellant.

2010 WL 3909860, N.Y.A.D. 1 Dept.,2010.,

Judgment, Supreme Court, New York County (Gregory Carro, J. at request for new counsel; Daniel Conviser, J. at jury trial and sentence), rendered August 18, 2009, convicting defendant of criminal possession of stolen property in the fourth degree (two counts), criminal possession of stolen property . . .

2. The PEOPLE of the State of New York, Respondent, v. Rafael RODRIGUEZ, Defendant-Appellant.

2010 WL 3909902, N.Y.A.D. 1 Dept.,2010.,

Judgment, Supreme Court, New York County (William A. Wetzel, J. at suppression motion; Michael R. Ambrecht, J. at trial and sentence), rendered December 14, 2007, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the first degree and conspiracy in the second deg. . .

3. The PEOPLE of the State of New York, Respondent, v. Clarence WILLIAMS, also known as Fletcher Anderson Worrell, Defendant- Appellant.

2010 WL 3909987, N.Y.A.D. 1 Dept.,2010.,

The genesis of this proceeding is a notorious incident involving a brutal rape and robbery in 1973 in Manhattan. The issues presented are whether defendant's statutory and constitutional rights to a speedy trial were violated, and also whether the trial court should have conducted an inquiry of the . . .

October 12, 2010.
1. The PEOPLE of the State of New York, Respondent, v. Edward WRIGHT, Defendant-Appellant.

2010 WL 3909917, N.Y.A.D. 1 Dept.,2010.,

Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered on or about May 15, 2008, 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 A.D.2d 83. . .

2. The PEOPLE of the State of New York, Respondent, v. Dequan WILLIAMS, Defendant-Appellant.

2010 WL 3909936, N.Y.A.D. 1 Dept.,2010.,

Judgment of resentence, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered October 7, 2008, resentencing defendant to a term of 9 1/2 years, with 5 years' postrelease supervision, unanimously affirmed. The resentencing proceeding imposing a term of postrelease supervision was not . . .

3. The PEOPLE of the State of New York, Respondent, v. Joseph GARNER, Defendant-Appellant.

2010 WL 3853363, N.Y.A.D. 1 Dept.,2010.,

Judgment, Supreme Court, New York County (Michael J. Obus, J.), rendered on or about March 12, 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 A.D.2. . .

4. The PEOPLE of the State of New York, Respondent, v. Joseph BRONAUGH, Defendant-Appellant.

907 N.Y.S.2d 493, N.Y.A.D. 1 Dept.,2010.,

Affirmed. Background: Defendant pleaded guilty, in the Supreme Court, New York County, Herbert I. Altman, J., at plea, and Ronald A. Zweibel, J., at sentence, to third-degree attempted criminal possession of a controlled substance. He appealed. Judgment, Supreme Court, New York County (Her. . .

5. The PEOPLE of the State of New York, Respondent, v. Keith JOHNSON, Defendant-Appellant.

907 N.Y.S.2d 494, N.Y.A.D. 1 Dept.,2010.,

Affirmed. Background: Defendant was convicted, by a jury in the Supreme Court, New York County, Daniel P. FitzGerald, J., of third-degree criminal sale of a controlled substance. He appealed. Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered December 22, 2004, c. . .

6. The PEOPLE of the State of New York, Respondent, v. Scott LIDEN, Defendant-Appellant.

907 N.Y.S.2d 673, N.Y.A.D. 1 Dept. 2010.,

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered on or about April 25, 2007, 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 A.D.2d . . .

7. The PEOPLE of the State of New York, Respondent, v. Rafael VALENTIN, Defendant-Appellant.

907 N.Y.S.2d 674, N.Y.A.D. 1 Dept. 2010.,

Order, Supreme Court, New York County (Daniel FitzGerald, J.), entered on or about October 31, 2008, 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 . . .


8. The PEOPLE of the State of New York, Respondent, v. Abdul BEYAH also known as Donald Williams, Defendant-Appellant.

907 N.Y.S.2d 675, N.Y.A.D. 1 Dept. 2010.,

Order, Supreme Court, New York County (Daniel Conviser, J.), entered on or about April 9, 2009, which adjudicated defendant a level three sex offender under the Sex Offender Registration Act (Correction Law art. 6-c), unanimously affirmed, without costs. Since defendant made no application to the . . .

9. The PEOPLE of the State of New York, Respondent, v. Ernesto ABREU, Defendant-Appellant.

907 N.Y.S.2d 668, 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. . .

10. The PEOPLE of the State of New York, Respondent, v. Keith BROWN, Defendant-Appellant.

907 N.Y.S.2d 669, 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. . .

11. The PEOPLE of the State of New York, Respondent, v. Jamel DUGGINS, Defendant-Appellant.

907 N.Y.S.2d 670, 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. . .


12. The PEOPLE of the State of New York, Respondent, v. Nathaniel SYVILLE, Defendant-Appellant.

907 N.Y.S.2d 671, 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. . .

13. The PEOPLE of the State of New York, Respondent, v. Manuel MACK, Defendant-Appellant.

907 N.Y.S.2d 672, 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. . .


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