People v. Calder

Appellate Division of the Supreme Court of New York

People v. Calder

60 A.D.3d 441, 874 N.Y.S.2d 460

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

DecidedMarch 10, 2009

StatusPublished

This text of 60 A.D.3d 441 (People v. Calder) 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 v. Calder, 60 A.D.3d 441, 874 N.Y.S.2d 460 (N.Y. Ct. App. 2009).

Pincite

Opinion

— Judgment, [442]*442Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered July 10, 2006, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him to a term of three years, unanimously affirmed.

The imposition of mandatory surcharges and fees by way of court documents, but without mention in the court’s oral pronouncement of sentence, was lawful (People v Guerrero, 12 NY3d 45 [2009]). Defendant’s argument that his plea was rendered involuntary by the court’s failure to mention the assessments during the plea allocution is without merit (People v Hoti, 12 NY3d 742 [2009]).

Regardless of whether the written waiver of defendant’s right to appeal is valid, we perceive no basis to reduce the sentence. Concur—Friedman, J.P., McGuire, Acosta, DeGrasse and Freedman, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Judgment, [442]*442Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered July 10, 2006, convicting defendant, upon his plea of guilty, of attempted burglary in the second degree, and sentencing him to a term of three years, unanimously affirmed.

The imposition of mandatory surcharges and fees by way of court documents, but without mention in the court’s oral pronouncement of sentence, was lawful (People v Guerrero, 12 NY3d 45 [2009]). Defendant’s argument that his plea was rendered involuntary by the court’s failure to mention the assessments during the plea allocution is without merit (People v Hoti, 12 NY3d 742 [2009]).

Regardless of whether the written waiver of defendant’s right to appeal is valid, we perceive no basis to reduce the sentence. Concur—Friedman, J.P., McGuire, Acosta, DeGrasse and Freedman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

60 A.D.3d 441, 874 N.Y.S.2d 460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-calder-nyappdiv-2009.

Opinion

Related

Cite This Page — Counsel Stack