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People v. Shaw

684 N.E.2d 273, 90 N.Y.2d 879, 661 N.Y.S.2d 824, 1997 N.Y. LEXIS 1399
CourtNew York Court of Appeals
DecidedJuly 2, 1997
StatusPublished
Cited by4 cases

This text of 684 N.E.2d 273 (People v. Shaw) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Shaw, 684 N.E.2d 273, 90 N.Y.2d 879, 661 N.Y.S.2d 824, 1997 N.Y. LEXIS 1399 (N.Y. 1997).

Opinion

*880 OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

That Court affirmed a judgment of conviction on a guilty plea and a Judge of this Court granted leave to appeal. The only issue relates to the imposition, expressly, in the judgment of the statutory surcharge applicable under since-amended CPL 420.35 (2) and still extant Penal Law § 60.35 (1). The record demonstrates that defendant’s argument, that the trial court failed or even improperly exercised any discretion it may have had, is unpreserved for failure to be raised at nisi prius.

Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.

Order affirmed in a memorandum.

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Cite This Page — Counsel Stack

Bluebook (online)
684 N.E.2d 273, 90 N.Y.2d 879, 661 N.Y.S.2d 824, 1997 N.Y. LEXIS 1399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-shaw-ny-1997.