People v. Vanalst, 148 A.D.3d 1658 (N.Y. App. Div. 2017). · Go Syfert
People v. Vanalst, 148 A.D.3d 1658 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
9 citation events (9 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Gaiter (nyappdiv, 2024-02-09)
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discussed Cited as authority (rule) People v. Gaiter (2×) also: Cited "see"
N.Y. App. Div. · 2024 · confidence medium
Defendant failed to preserve those contentions for our review ( see CPL 470.05 [2]; People v Tuff , 156 AD3d 1372, 1377 [4th Dept 2017], lv denied 31 NY3d 1018 [2018]; Vanalst , 148 AD3d at 1659), and we decline to exercise our power to review them as a matter of discretion in the interest of justice ( see CPL 470.15 [6] [a]).
discussed Cited as authority (rule) People v. Bullock (2×)
N.Y. App. Div. · 2023 · confidence medium
Defendant failed to preserve for our review his contention that he was denied a fair trial by the alleged instances of prosecutorial misconduct at trial ( see CPL 470.05 [2]; People v Vanalst , 148 AD3d 1658, 1660 [4th Dept 2017], lv denied 29 NY3d 1088 [2017]), and we decline to exercise our power to review defendant's contention with respect to those alleged instances as a matter of discretion in the interest of justice ( see CPL 470.15 [6] [a]).
discussed Cited as authority (rule) People v. Mckenzie
N.Y. App. Div. · 2020 · confidence medium
Thus, we conclude that "no plea proceeding had taken place[ in appeal No. 2 and, i]nasmuch as there is no conviction ( see generally CPL 1.20 [13]), . . . the subsequent sentence . . . and the imposition of a term of imprisonment are void" ( People v Vanalst [appeal No. 1], 148 AD3d 1658, 1658 [4th Dept 2017]; cf. People v Keitz , 99 AD3d 1254 , 1255 [4th Dept 2012], lv denied 20 NY3d 1012 [2013], reconsideration denied 21 NY3d 913 [2013], cert denied 571 US 993 [2013]; see also People v Beniquez , 110 AD3d 1143, 1144 [3d Dept 2013]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Frank Vanalst, Also Known as Shaun Johnson
Appeal No. 1.
Appellate Division of the Supreme Court of the State of New York.
Mar 24, 2017.
148 A.D.3d 1658
Carni, Dejoseph, Lindley, Scudder, Troutman.
Cited by 2 opinions  |  Published

Appeal from a judgment of the Ontario County Court (Frederick G. Reed, A.J.), rendered July 30, 2014. The judgment revoked a conditional discharge and imposed a term of imprisonment.

It is hereby ordered that the judgment so appealed from is unanimously vacated on the law, and the matter is remitted to Ontario County Court for further proceedings on the indictment.

Memorandum: Defendant appeals from a judgment imposing a term of imprisonment upon the determination of County Court that he violated the terms and conditions of a conditional discharge that had been imposed upon his purported conviction of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06 [1]) upon his plea of guilty. The People correctly concede that the parties and the court mistakenly believed that defendant had entered a plea of guilty at a prior appearance, when in fact, no plea proceeding had taken place. Inasmuch as there is no conviction (see generally CPL 1.20 [13]), we conclude that the subsequent sentence imposing a conditional discharge, the determination on the declaration of delinquency, and the imposition of a term of imprisonment are void (see generally CPL 1.20 [15]). We therefore vacate the judgment and remit the matter to County Court for further proceedings on the indictment (see generally People v Tyrell, 22 NY3d 359, 366 [2013]).

Present — Carni, J.P., Lindley, DeJoseph, Troutman and Scudder, JJ.