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The People, Respondent,v.Anthony Jones, Appellant.

Brief

16 Cited authorities

  1. People v. Johnson

    60 A.D.3d 1496 (N.Y. App. Div. 2009)   Cited 26 times   1 Legal Analyses

    No. KA 07-02357. March 27, 2009. Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.), rendered September 26, 2007. The judgment convicted defendant, upon his plea of guilty, of burglary in the first degree. THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (NICHOLAS T. TEXIDO OF COUNSEL), FOR DEFENDANT-APPELLANT. DAVID D. JOHNSON, DEFENDANT-APPELLANT PRO SE. FRANK A. SEDITA, III, DISTRICT ATTORNEY, BUFFALO (MATTHEW B. POWERS OF COUNSEL), FOR RESPONDENT. Present: Smith, J

  2. People v. West

    124 Misc. 2d 622 (N.Y. Cnty. Ct. 1984)   Cited 56 times

    June 19, 1984 Thomas G. West, Jr., defendant pro se. W. Patrick Falvey, District Attorney, for plaintiff. FREDERICK D. DUGAN, J. Defendant here moves for waiver of the mandatory surcharge of $75 for felony convictions imposed upon him at sentencing (CPL 420.35). On May 20, 1983, defendant was determined to be a second felony offender and upon his guilty plea April 15, 1983 to burglary in the third degree, a class D felony, an indeterminate sentence was imposed for a maximum term of four years and

  3. People v. Quinones

    95 N.Y.2d 349 (N.Y. 2000)   Cited 25 times
    In Quinones, the Court of Appeals addressed a split in the appellate divisions, two of which prohibited courts from simultaneously imposing both restitution and the mandatory surcharge/CVAF, and two of which allowed that practice.

  4. People v. Pierce

    16 Misc. 3d 1126 (N.Y. Sup. Ct. 2007)   Cited 14 times

    No. 1624/2002. July 2, 2007. Kahn, J. Crimes — Sentence — Mandatory Surcharge — Deferral. Criminal Procedure Law — § 420.40 (Deferral of mandatory surcharge; financial hardship hearings).

  5. People v. Jones

    115 A.D.3d 490 (N.Y. App. Div. 2014)   Cited 5 times

    2014-03-11 The PEOPLE of the State of New York, Respondent, v. Anthony JONES, Defendant–Appellant. Steven Banks, The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Naomi C. Reed of counsel), for respondent. Steven Banks, The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Naomi C. Reed of counsel), for respondent. Judgments, Supreme Court, New York

  6. People v. Williams

    113 A.D.3d 423 (N.Y. App. Div. 2014)

    2014-01-9 The PEOPLE of the State of New York, Respondent, v. Omar A. WILLIAMS, Defendant–Appellant. Steven Banks, The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent. Steven Banks, The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent. Judgment, Supreme Court

  7. People v. Dunn

    254 A.D.2d 511 (N.Y. App. Div. 1998)   Cited 7 times
    In People v Dunn (254 AD2d 511, Iv denied 92 NY2d 1031, cert denied 527 US 1024), the Court observed that "[i]t has been repeatedly held that Penal Law § 60.35 and CPL 420.35 treat all persons convicted of Penal Law offenses similarly, and that the penalties imposed pursuant thereto bear a reasonable relationship to the State's legitimate interest in raising revenues (see, People v Barnes, 62 NY2d 702)" (id. at 512).

  8. People v. Wheeler

    244 A.D.2d 277 (N.Y. App. Div. 1997)   Cited 5 times

    November 25, 1997 Appeal from the Supreme Court, New York County (Budd Goodman, J.). Defendant's challenge to the imposition of the surcharge should be raised in the sentencing court by way of a motion for resentencing ( People v. Rada, 160 A.D.2d 552). Such determination should be made at the end of a defendant's sentence. Consequently, defendant's claim is premature ( People v Velasquez, 198 A.D.2d 25, lv denied 82 N.Y.2d 932). Concur — Murphy, P.J., Sullivan, Wallach, Tom and Andrias, JJ.

  9. People v. Arthur

    234 A.D.2d 792 (N.Y. App. Div. 1996)   Cited 4 times

    December 19, 1996. Appeal from a judgment of the County Court of Franklin County (Main, Jr., J.), rendered February 27, 1995, convicting defendant upon his plea of guilty of the crime of attempted promoting prison contraband in the first degree. Before: Cardona, P.J., Mikoll, White, Casey and Spain, JJ. Defendant, who pleaded guilty to attempted promoting prison contraband in the first degree and was sentenced as a second felony offender to a prison term of 1½ to 3 years to run consecutive to the

  10. People v. Bradley

    249 A.D.2d 103 (N.Y. App. Div. 1998)   Cited 2 times

    April 16, 1998 Appeal from the Supreme Court, New York County (Bonnie Wittner, J.). Defendant's claim is without merit since the record fails to indicate that defendant's guilty plea was made in reliance on a promise that the surcharge would not be imposed or that defendant was motivated to enter the plea for any reason other than his desire to avail himself of an extremely advantageous plea bargain ( see, People v. Amaya, 219 A.D.2d 523, lv denied 87 N.Y.2d 844). We see no reason to vacate the imposition