People of State of New York v. Daley

Appellate Division of the Supreme Court of New York

People of State of New York v. Daley

76 A.D.2d 904, 907 N.Y.S.2d 429

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 23, 2010

StatusPublished

This text of 76 A.D.2d 904 (People of State of New York v. Daley) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People of State of New York v. Daley, 76 A.D.2d 904, 907 N.Y.S.2d 429 (N.Y. Ct. App. 2010).

Pincite

Opinion

Appeal from judgment, Criminal Court, Bronx County (Arthur Birnbaum, J.), rendered September 14, 2006, convicting defendant, upon his plea of guilty, of theft of services, and sentencing him to a conditional discharge, unanimously transferred to the Appellate Term, First Judicial Department.

Since defendant pleaded guilty at his arraignment in the Criminal Court of the City of New Vork, Bronx County, this case was never transferred to the Bronx Criminal Division of [905]*905Supreme Court. “[A] transfer occurs only if a case is not disposed of at arraignment” (.People v Correa, 15 NY3d 213, 226 [2010]). Accordingly, Appellate Term has the exclusive jurisdiction to hear this appeal (CPL 450.60 [4]). Concur—Saxe, J.E, Friedman, Moskowitz, Freedman and Román, JJ.

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Appeal from judgment, Criminal Court, Bronx County (Arthur Birnbaum, J.), rendered September 14, 2006, convicting defendant, upon his plea of guilty, of theft of services, and sentencing him to a conditional discharge, unanimously transferred to the Appellate Term, First Judicial Department.

Since defendant pleaded guilty at his arraignment in the Criminal Court of the City of New Vork, Bronx County, this case was never transferred to the Bronx Criminal Division of [905]*905Supreme Court. “[A] transfer occurs only if a case is not disposed of at arraignment” (.People v Correa, 15 NY3d 213, 226 [2010]). Accordingly, Appellate Term has the exclusive jurisdiction to hear this appeal (CPL 450.60 [4]). Concur—Saxe, J.E, Friedman, Moskowitz, Freedman and Román, JJ.

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Bluebook (online)

76 A.D.2d 904, 907 N.Y.S.2d 429, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-state-of-new-york-v-daley-nyappdiv-2010.

Opinion

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