2012-06-12 The PEOPLE of the State of New York, Respondent, v. Gilberto RAMOS, Appellant. Legal Aid Society, New York City (Laura Boyd and Steven Banks of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Sean T. Masson and Sylvia Wertheimer of counsel), for respondent. SMITH Legal Aid Society, New York City (Laura Boyd and Steven Banks of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York City (Sean T. Masson and Sylvia Wertheimer of counsel)
11582 Decided and Entered: October 17, 2002. Appeal from a judgment of the Supreme Court (Lamont, J.), rendered October 1, 1999 in Albany County, upon a verdict convicting defendant of the crime of assault in the second degree. Carl J. Silverstein, Monticello, for appellant. Paul A. Clyne, District Attorney, Albany (Christopher D. Horn of counsel), for respondent. Before: Cardona, P.J., Peters, Spain, Carpinello and Rose, JJ. MEMORANDUM AND ORDER Spain, J. Following a jury trial, defendant was convicted
September 19, 1991 Appeal from the County Court of Albany County (Turner Jr., J.). Yesawich Jr., J. Defendant was sentenced in 1981 as a persistent felony offender to 25 years to life imprisonment. Although this court affirmed the conviction ( 99 A.D.2d 558), the particular issue presented before us, the constitutionality of Penal Law § 70.10 (1) (b) (i), was apparently not brought to the court's attention. This statute suffers from the same infirmity that afflicted Penal Law former § 70.06 dealing
June 16, 1988 Appeal from the Supreme Court, New York County (William Davis, J.). Defendant was sentenced as a second felony offender on the basis of a June 27, 1975 Federal conviction for the crime of "making a false statement to a licensed firearms dealer for the purpose of acquiring a firearm", in violation of 18 U.S.C. § 922 (a) (6). This felony conviction served as a predicate for enhanced sentencing pursuant to Penal Law § 70.06 in the instant matter. Because it fails, however, to meet the
January 14, 1992 Appeal from the Supreme Court, New York County (Martin Rettinger, J.). An examination of the Penal Law does not reveal a New York analog to defendant's prior Oklahoma felony conviction for "Robbery or attempted robbery with dangerous weapon or imitation firearm". (Okla Stat, tit 21, § 801; People v. Gonzalez, 61 N.Y.2d 586, 589.) Robbery under the Oklahoma Statute (Okla Stat, tit 21, § 791), which provides that a conviction may be proven by the taking of property "from his person
(a) A person commits an offense if, knowing its content and character, he wholesale promotes or possesses with intent to wholesale promote any obscene material or obscene device. (b) Except as provided by Subsection (h), an offense under Subsection (a) is a state jail felony. (c) A person commits an offense if, knowing its content and character, he: (1) promotes or possesses with intent to promote any obscene material or obscene device; or (2) produces, presents, or directs an obscene performance
(a) Within 10 days after an appeal is taken by (1) serving a notice of appeal on the adverse party and filing that notice of appeal in the place and manner required by CPLR 5515, (2) entry of an order granting a motion for leave to appeal in a civil case, or (3) issuance of a certificate granting leave to appeal in a criminal case, appellant shall file with the clerk of the court an original and one copy of a preliminary appeal statement on the form prescribed by the court, with the required attachments