People v. Shaw, 684 N.E.2d 273 (N.Y. 1997). · Go Syfert
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People v. Shaw, 684 N.E.2d 273 (N.Y. 1997). Cases Citing This Book View Copy Cite
3 citation events across 2 distinct courts.
Strongest positive: People v. Bowman, 213 A.D.3d 1282 (N.Y. App. Div. 4th Dep't 2023)
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90 N.Y.2d at 880 Affirming order on statutory surcharge imposition under CPL 420.351 citing caseOPINION OF THE COURT Memorandum. The order of the Appellate Division should be affirmed. That Court affirmed a judgment of conviction on a guilty plea and a…opening of page *880 (no citing court says what it cites this page for)
  • People v. Bowman, 213 A.D.3d 1282 (N.Y. App. Div. 4th Dep't 2023).published
    Finally, defendant failed to preserve for our review his contention that County Court should have waived the mandatory surcharge, crime victim assistance fee, and DNA databank fee pursuant to CPL 420.35 (2-a) ( see CPL 470.05 [2]; People v…
The People of the State of New York, Respondent,
v.
George Shaw, Appellant
New York Court of Appeals.
Jul 2, 1997.
Published opinion
684 N.E.2d 273
1997 N.Y. LEXIS 1399
APPEARANCES OF COUNSEL, Kimberlianne Podlas, New York City, and Daniel L. Greenberg for appellant., Robert M. Morgenthau, District Attorney of New York County, New York City (Richard Nahas and Norman Barclay of counsel), for respondent.
Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley Concur.
Cited by 4 opinions  |  Published

[*880] OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

That Court affirmed a judgment of conviction on a guilty plea and a Judge of this Court granted leave to appeal. The only issue relates to the imposition, expressly, in the judgment of the statutory surcharge applicable under since-amended CPL 420.35 (2) and still extant Penal Law § 60.35 (1). The record demonstrates that defendant’s argument, that the trial court failed or even improperly exercised any discretion it may have had, is unpreserved for failure to be raised at nisi prius.

Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.

Order affirmed in a memorandum.