People v. Cloyce

Appellate Division of the Supreme Court of New York

People v. Cloyce

220 A.D.2d 329, 633 N.Y.S.2d 13, 1995 N.Y. App. Div. LEXIS 10425

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

DecidedOctober 24, 1995

StatusPublished

Cited by7 cases

This text of 220 A.D.2d 329 (People v. Cloyce) 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. Cloyce, 220 A.D.2d 329, 633 N.Y.S.2d 13, 1995 N.Y. App. Div. LEXIS 10425 (N.Y. Ct. App. 1995).

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Opinion

—Judgment, Supreme Court, New York County (Richard Andrias, J.), rendered August 12, 1993, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 21h to 5 years, unanimously affirmed.

We reject defendant’s contention that his arraignment on the People’s allegation of a prior conviction was procedurally improper. It is true that CPL 200.60 (3) provides that the court [330]*330must arraign a defendant on a special information charging conviction on a previous offense "before the close of the people’s case”. However, that requirement was waived by the defense because it stated before trial that the allegation in the special information would not be contested and explicitly consented to having the arraignment conducted after the summations were completed. Moreover, contrary to defendant’s argument on appeal, defendant admitted to the court pursuant to CPL 200.60 (3) that he had been convicted of the prior offense.

We have considered defendant’s remaining contentions, including those raised in his pro se supplemental brief, and find them to be without merit. Concur—Kupferman, J. P., Asch, Williams and Tom, JJ.

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—Judgment, Supreme Court, New York County (Richard Andrias, J.), rendered August 12, 1993, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 21h to 5 years, unanimously affirmed.

We reject defendant’s contention that his arraignment on the People’s allegation of a prior conviction was procedurally improper. It is true that CPL 200.60 (3) provides that the court [330]*330must arraign a defendant on a special information charging conviction on a previous offense "before the close of the people’s case”. However, that requirement was waived by the defense because it stated before trial that the allegation in the special information would not be contested and explicitly consented to having the arraignment conducted after the summations were completed. Moreover, contrary to defendant’s argument on appeal, defendant admitted to the court pursuant to CPL 200.60 (3) that he had been convicted of the prior offense.

We have considered defendant’s remaining contentions, including those raised in his pro se supplemental brief, and find them to be without merit. Concur—Kupferman, J. P., Asch, Williams and Tom, JJ.

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Bluebook (online)

220 A.D.2d 329, 633 N.Y.S.2d 13, 1995 N.Y. App. Div. LEXIS 10425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cloyce-nyappdiv-1995.

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