People v. Cruz, 74 A.D.3d 1637 (N.Y. App. Div. 2010). · Go Syfert
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People v. Cruz, 74 A.D.3d 1637 (N.Y. App. Div. 2010). Cases Citing This Book View Copy Cite
2 citation events across 1 distinct court.
Strongest positive: People v. Brooks (nyappdiv, 2024-12-26)
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discussed Cited as authority (rule) People v. Brooks
N.Y. App. Div. · 2024 · confidence medium
In any event, defendant's contention is without merit, as the record reflects compliance with the requirements of CPL 400.15 (see People v Bouyea, 64 NY2d 1140, 1142-1143 [1985]; People v Quinones, 162 AD3d 1402 , 1403 [3d Dept 2018]; People v Brown, 74 AD3d 1637, 1638 [3d Dept 2010], lv denied 15 NY3d 850 [2010]).
discussed Cited "see, e.g." People v. Terborg
N.Y. App. Div. · 2021 · signal: see also · confidence medium
Even assuming, arguendo, that defendant correctly contends that he did not receive a copy of the second felony offender statement ( see CPL 400.21 [2], [3], [6]), we conclude that the record establishes that he received notice of the second felony offender allegations more than two days before the hearing and that, under the circumstances of this case, any technical failure to comply with the procedure set out in CPL 400.21 "was harmless, and [remitting] for filing and resentencing would be futile and pointless" ( People v Bouyea , 64 NY2d 1140, 1142 [1985]; see People v Harris , 61 NY2d 9, 20…
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The People of the State of New York
v.
Jose Cruz
Appellate Division of the Supreme Court of the State of New York.
Jun 24, 2010.
74 A.D.3d 1637
Published

Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered July 30, 2008, convicting defendant upon his plea of guilty of the crime of robbery in the first degree.

In satisfaction of an indictment charging defendant with committing multiple robberies, he pleaded guilty to one count of robbery in the first degree. Pursuant to the plea agreement, defendant waived his right to appeal and was sentenced to a prison term of lSVa years and postrelease supervision of five years. This appeal ensued.

Counsel for defendant seeks to be relieved of his assignment on the ground that no nonfrivolous appellate issues exist. Upon our review of the record, we agree. Accordingly, we affirm the judgment of conviction and grant counsel’s request for leave to withdraw (see People v Cruwys, 113 AD2d 979, 980 [1985], lv denied 67 NY2d 650 [1986]; see generally People v Stokes, 95 NY2d 633 [2001]).

Cardona, P.J., Mercure, Peters, Malone Jr. and Kavanagh, JJ., concur. Ordered that the judgment is affirmed, and application to be relieved of assignment granted.