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People v. Bastardo

Supreme Court, Appellate Division, Second Department, New York.
Apr 1, 2015
127 A.D.3d 776 (N.Y. App. Div. 2015)

Opinion

04-01-2015

The PEOPLE, etc., respondent, v. Aris BASTARDO, appellant.

Lynn W.L. New York, N.Y., for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Ellen C. Abbot, and Jonathan V. Brewer of counsel), for respondent.


Lynn W.L. New York, N.Y., for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Ellen C. Abbot, and Jonathan V. Brewer of counsel), for respondent.

Opinion Appeals by the defendant from (1) a judgment of the Supreme Court, Queens County (Hirsch, J.), rendered April 16, 2012, convicting him of criminal possession of a controlled substance in the fourth degree under Superior Court Information No. 4/11, upon his plea of guilty, and imposing sentence, and (2) three judgments of the same court (Melendez, J.), all rendered January 29, 2013, as amended January 30, 2013, each convicting him of attempted robbery in the first degree under Superior Court Information Nos. 1249/12, 1250/12, and 1251/12, respectively, upon his plea of guilty (Chin–Brandt, J.), and imposing sentence.

ORDERED that the judgment rendered April 16, 2012, and the judgments rendered January 29, 2013, as amended January 30, 2013, are affirmed.

Contrary to the defendant's contention, his waivers of indictment were valid (see N.Y. Const., art. I, § 6 ; CPL 195.10, 195.20 ; People v. Yunga, 122 A.D.3d 951, 951, 997 N.Y.S.2d 470 ; People v. Hanely, 107 A.D.3d 917, 917, 966 N.Y.S.2d 870 ; People v. Gramola, 102 A.D.3d 810, 810, 957 N.Y.S.2d 893 ). Therefore, the defendant was properly prosecuted by Superior Court Information.

SKELOS, J.P., BALKIN, HALL and MALTESE, JJ., concur.


Summaries of

People v. Bastardo

Supreme Court, Appellate Division, Second Department, New York.
Apr 1, 2015
127 A.D.3d 776 (N.Y. App. Div. 2015)
Case details for

People v. Bastardo

Case Details

Full title:The PEOPLE, etc., respondent, v. Aris BASTARDO, appellant.

Court:Supreme Court, Appellate Division, Second Department, New York.

Date published: Apr 1, 2015

Citations

127 A.D.3d 776 (N.Y. App. Div. 2015)
2015 N.Y. Slip Op. 2777
4 N.Y.S.3d 549

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