People v. Callinder

Appellate Division of the Supreme Court of New York

People v. Callinder

8 A.D.3d 55, 777 N.Y.S.2d 639, 2004 N.Y. App. Div. LEXIS 7838

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

DecidedJune 8, 2004

StatusPublished

This text of 8 A.D.3d 55 (People v. Callinder) 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. Callinder, 8 A.D.3d 55, 777 N.Y.S.2d 639, 2004 N.Y. App. Div. LEXIS 7838 (N.Y. Ct. App. 2004).

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Opinion

Supreme Court, New York County (Budd G. Goodman, J.), rendered February 27, 2003, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of three years, unanimously affirmed.

Defendant’s claim that his New Jersey felony did not qualify as a predicate felony is unpreserved (People v Samms, 95 NY2d 52, 57 [2000]), and we decline to review it in the interest of justice. Were we to review this claim, we would find that defendant was properly adjudicated a second felony offender. Concur—Tom, J.P., Mazzarelli, Andrias, Ellerin and Lerner, JJ.

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Supreme Court, New York County (Budd G. Goodman, J.), rendered February 27, 2003, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of three years, unanimously affirmed.

Defendant’s claim that his New Jersey felony did not qualify as a predicate felony is unpreserved (People v Samms, 95 NY2d 52, 57 [2000]), and we decline to review it in the interest of justice. Were we to review this claim, we would find that defendant was properly adjudicated a second felony offender. Concur—Tom, J.P., Mazzarelli, Andrias, Ellerin and Lerner, JJ.

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Bluebook (online)

8 A.D.3d 55, 777 N.Y.S.2d 639, 2004 N.Y. App. Div. LEXIS 7838, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-callinder-nyappdiv-2004.

Opinion

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