People v. Rivera, 148 A.D.3d 1672 (N.Y. App. Div. 2017). · Go Syfert
People v. Rivera, 148 A.D.3d 1672 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
11 citation events (11 in the last 25 years) across 2 distinct courts.
Strongest positive: Matter of Carmela H. (Danielle F.) (nyappdiv, 2020-07-17)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Matter of Carmela H. (Danielle F.)
N.Y. App. Div. · 2020 · confidence medium
Nevertheless, even if petitioner did not meet the foundational requirements for admission of the notes, any error in their admission would be harmless because "the result reached herein would have been the same even had [they] been excluded" ( Chloe W. , 148 AD3d at 1673 [internal quotation marks omitted]).
discussed Cited "see" Matter of Cyle F. (Alexander F.)
N.Y. App. Div. · 2017 · signal: see · confidence high
Even without reference to such evidence, the record of the fact-finding hearing contains sufficient admissible facts to support the court’s permanent neglect finding (see Matter of Isaiah F., 55 AD3d 1004 , 1006 n 2 [3d Dept 2008]; Matter of Anjoulic J., 18 AD3d 984, 987 [3d Dept 2005]; see generally Matter of Chloe W. [Amy W.], 148 AD3d 1672 , 1673-1674 [4th Dept 2017], lv denied 29 NY3d 912 [2017]).
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The People of the State of New York
v.
Noel R. Rivera
Appellate Division of the Supreme Court of the State of New York.
Mar 24, 2017.
148 A.D.3d 1672
Carni, Lindley, Nemoyer, Smith, Whalen.
Cited by 1 opinion  |  Published

Appeal from a judgment of the Supreme Court, Monroe County (David D. Egan, J.), rendered March 21, 2011. The judgment convicted defendant, upon his plea of guilty, of murder in the second degree and burglary in the first degree (two counts).

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of murder in the second degree (Penal Law § 125.25 [1]) and two counts of burglary in the first degree (§ 140.30 [2], [3]). Defendant was sentenced to an indeterminate term of incarceration of 15 years to life for murder, to be served concurrently with determinate terms of 15 years imposed on the burglary counts. With respect to the burglary counts, defendant was also sentenced to five-year periods of postrelease supervision (PRS).

We agree with defendant that Supreme Court breached its obligation to advise him, at the time of the plea, that the sentences imposed upon his conviction of two counts of burglary would include periods of PRS (see People v Catu, 4 NY3d 242, 244-245 [2005]). In these circumstances, however, we conclude that reversal of the judgment of conviction and vacatur of the plea are not required (cf. id. at 245; People v Corsaro, 128 AD3d 1538, 1538 [2015]). Because “defendant is subject to ‘lifetime parole supervision, the imposition of postrelease supervision following his imprisonment for [burglary] is duplicative and does not deprive him of the benefit of his plea bargain’ ” (People v Gillard, 126 AD3d 1285, 1286 [2015], quoting People v Haynes, 14 AD3d 789, 791 [2005], lv denied 4 NY3d 831 [2005]).

Present — Whalen, P.J., Smith, Carni, Lindley and NeMoyer, JJ.