People v. Crespo

2018 NY Slip Op 8251

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 4, 2018
• Docket: 1822 519/13
• Status: Published

Opinion

People v Crespo (2018 NY Slip Op 08251)

People v Crespo

2018 NY Slip Op 08251

Decided on December 4, 2018

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 4, 2018
Renwick, J.P., Richter, Manzanet-Daniels, Kapnick, JJ.

1822 519/13

[*1]The People of the State of New York, Respondent,

v

Raymond Crespo, Defendant-Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Ben A. Schatz of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Stephen J. Kress of counsel), for respondent.

Upon remittitur from the Court of Appeals (__ NY3d __, 2018 NY Slip Op 06849 [2018]), judgment, Supreme Court, New York County (Thomas A. Farber, J.), rendered December 19, 2014, convicting defendant, after a jury trial, of assault in the first degree and criminal possession of a weapon in the third degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 20 years to life and 3 1/2 to 7 years, respectively, unanimously affirmed.

The Court of Appeals remitted this case for consideration of the facts and issues raised but not determined on the appeal (CPL 470.25[2][d]; 470.40[2][b]). Upon remittal, we find, and the parties agree, that there are no such remaining facts or issues. Accordingly, the judgment should be affirmed.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 4, 2018

CLERK