People v. Shakur

Appellate Division of the Supreme Court of New York

People v. Shakur

215 A.D.2d 184, 627 N.Y.S.2d 343

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

DecidedMay 9, 1995

StatusPublished

This text of 215 A.D.2d 184 (People v. Shakur) 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. Shakur, 215 A.D.2d 184, 627 N.Y.S.2d 343 (N.Y. Ct. App. 1995).

Pincite

Opinion

—The submission by Justice Rosenberger to a full Bench of this Court is dismissed as without jurisdictional predicate. The issue referred is a threshold determination that should be made by the Justice before whom the bail application is pending.

Were we to reach the issue, a majority of the Bench would find that the application made by prior counsel before the Trial Judge after sentence in February 1995, constituted the one application to which defendant was entitled under CPL 460.50 (3), and therefore the Court would lack jurisdiction. Concur—Ellerin, J. P., Rubin, Ross, Nardelli and Tom, JJ.

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—The submission by Justice Rosenberger to a full Bench of this Court is dismissed as without jurisdictional predicate. The issue referred is a threshold determination that should be made by the Justice before whom the bail application is pending.

Were we to reach the issue, a majority of the Bench would find that the application made by prior counsel before the Trial Judge after sentence in February 1995, constituted the one application to which defendant was entitled under CPL 460.50 (3), and therefore the Court would lack jurisdiction. Concur—Ellerin, J. P., Rubin, Ross, Nardelli and Tom, JJ.

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Bluebook (online)

215 A.D.2d 184, 627 N.Y.S.2d 343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shakur-nyappdiv-1995.