People v. Lubrano

Appellate Division of the Supreme Court of New York

People v. Lubrano

296 A.D.2d 326, 744 N.Y.S.2d 329, 2002 N.Y. App. Div. LEXIS 7163

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

DecidedJuly 2, 2002

StatusPublished

This text of 296 A.D.2d 326 (People v. Lubrano) 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. Lubrano, 296 A.D.2d 326, 744 N.Y.S.2d 329, 2002 N.Y. App. Div. LEXIS 7163 (N.Y. Ct. App. 2002).

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Opinion

Appeal from judgment, Supreme Court, New York County (William Leibovitz, J.), rendered March 25, 1997, convicting defendant, after a jury trial, of robbery in the second degree and criminal possession of a weapon in the second and third degrees, and sentencing him to concurrent terms of 5 to 10 years, 5 to 10 years and 3 to 6 years, respectively, and appeal from order, same court and Justice, entered on or about August 4, 1998, which denied defendant’s motion to vacate judgment made on the ground of newly discovered evidence, held in abeyance pending determination by Supreme Court, New York County of defendant’s further motion to vacate judgment pursuant to CPL 440.10 (1) (g).

The parties have called to this Court’s attention the fact that there have been significant new developments concerning defendant’s claim of newly discovered evidence. Accordingly, the interests of justice and judicial economy would be served by holding this appeal in abeyance, as indicated. Concur— Nardelli, J.P., Andrias, Friedman, Marlow and Gonzalez, JJ.

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Appeal from judgment, Supreme Court, New York County (William Leibovitz, J.), rendered March 25, 1997, convicting defendant, after a jury trial, of robbery in the second degree and criminal possession of a weapon in the second and third degrees, and sentencing him to concurrent terms of 5 to 10 years, 5 to 10 years and 3 to 6 years, respectively, and appeal from order, same court and Justice, entered on or about August 4, 1998, which denied defendant’s motion to vacate judgment made on the ground of newly discovered evidence, held in abeyance pending determination by Supreme Court, New York County of defendant’s further motion to vacate judgment pursuant to CPL 440.10 (1) (g).

The parties have called to this Court’s attention the fact that there have been significant new developments concerning defendant’s claim of newly discovered evidence. Accordingly, the interests of justice and judicial economy would be served by holding this appeal in abeyance, as indicated. Concur— Nardelli, J.P., Andrias, Friedman, Marlow and Gonzalez, JJ.

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Bluebook (online)

296 A.D.2d 326, 744 N.Y.S.2d 329, 2002 N.Y. App. Div. LEXIS 7163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lubrano-nyappdiv-2002.