People v. Coward

Appellate Division of the Supreme Court of New York

People v. Coward

59 A.D.3d 988, 872 N.Y.S.2d 319

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

DecidedFebruary 6, 2009

StatusPublished

This text of 59 A.D.3d 988 (People v. Coward) 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. Coward, 59 A.D.3d 988, 872 N.Y.S.2d 319 (N.Y. Ct. App. 2009).

Pincite

Opinion

Appeal from a judgment of the Onondaga County Court (Anthony F. Aloi, J.), rendered July 10, 2006. The judgment convicted defendant, upon his plea of guilty, of attempted murder in the second degree.

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

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]), defendant challenges the sufficiency of factual allegations in the indictment on the ground that they failed to state a crime. Even assuming, arguendo, that defendant’s challenge is jurisdictional in nature and thus is properly before us, i.e., that it is “a nonwaivable jurisdictional prerequisite to a criminal prosecution” (People v Mitchell, 10 NY3d 819, 820 [2008]; see People v Iannone, 45 NY2d 589, 600-601 [1978]), we conclude that the count to which defendant pleaded guilty provided him “with fair notice of the nature of the charge [ ] against him and the time and place of the conduct, so as to enable him to prepare an adequate defense” (People v Watt, 192 AD2d 65, 67-68 [1993], affd 84 NY2d 948 [1994]; see Iannone, 45 NY2d at 594). Present—Scudder, P.J., Hurlbutt, Peradotto and Gorski, JJ.

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

Appeal from a judgment of the Onondaga County Court (Anthony F. Aloi, J.), rendered July 10, 2006. The judgment convicted defendant, upon his plea of guilty, of attempted murder in the second degree.

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

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]), defendant challenges the sufficiency of factual allegations in the indictment on the ground that they failed to state a crime. Even assuming, arguendo, that defendant’s challenge is jurisdictional in nature and thus is properly before us, i.e., that it is “a nonwaivable jurisdictional prerequisite to a criminal prosecution” (People v Mitchell, 10 NY3d 819, 820 [2008]; see People v Iannone, 45 NY2d 589, 600-601 [1978]), we conclude that the count to which defendant pleaded guilty provided him “with fair notice of the nature of the charge [ ] against him and the time and place of the conduct, so as to enable him to prepare an adequate defense” (People v Watt, 192 AD2d 65, 67-68 [1993], affd 84 NY2d 948 [1994]; see Iannone, 45 NY2d at 594). Present—Scudder, P.J., Hurlbutt, Peradotto and Gorski, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

59 A.D.3d 988, 872 N.Y.S.2d 319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-coward-nyappdiv-2009.

Opinion

Related

Cite This Page — Counsel Stack