People v. Bibeau

3 Citing cases

  1. People v. Iglesias

    187 A.D.3d 785 (N.Y. App. Div. 2020)   Cited 2 times

    By informing the Supreme Court that he was unable to pay the mandatory surcharges, and then expressly consenting to the court's suggestion to convert his mandatory surcharges into a civil judgment, the defendant waived his claim that conversion of the mandatory surcharges into a civil judgment was unauthorized (seePeople v. Rodriguez, 162 A.D.3d 513, 74 N.Y.S.3d 856 ). Moreover, by converting the mandatory surcharges into a civil judgment, the court did not defer payment of the mandatory surcharges (seePeople v. Bibeau, 140 A.D.3d 1530, 34 N.Y.S.3d 702 ). DILLON, J.P., AUSTIN, LASALLE and BARROS, JJ., concur.

  2. People v. Perez

    171 A.D.3d 1309 (N.Y. App. Div. 2019)   Cited 4 times

    The balance of defendant's argument regarding the denial of her postjudgment applications for, among other things, deferral and/or remission of the restitution and surcharges imposed (see CPL 420.10, 420.30, 420.40 ) is not properly before us. Defendant did not seek such relief at the time of sentencing (comparePeople v. Bibeau, 140 A.D.3d 1530, 1531, 34 N.Y.S.3d 702 [2016], lv denied 28 N.Y.3d 969, 43 N.Y.S.3d 256, 66 N.E.3d 2 [2016] ; People v. Flanders, 110 A.D.3d 1112, 1112, 972 N.Y.S.2d 355 [2013] ), and County Court's postjudgment orders are not part of the judgment of conviction from which this appeal is taken (seePeople v. Moore, 152 A.D.3d 1088, 1088, 56 N.Y.S.3d 474 [2017] ; People v. Flanders, 110 A.D.3d at 1113, 972 N.Y.S.2d 355 n). Garry, P.J., Clark, Mulvey, Rumsey and Pritzker, JJ., concur.

  3. People v. Moore

    152 A.D.3d 1088 (N.Y. App. Div. 2017)   Cited 4 times

    Defendant also challenges County Court's denial of his postjudgment motion seeking a deferral of the mandatory surcharge and crime victim assistance fee pursuant to CPL 420.40. However, inasmuch as County Court's postjudgment order is not part of the judgment of conviction and defendant failed to file a notice of appeal with regard thereto, this issue is not properly before us (see People v. Flanders, 110 A.D.3d 1112, 1113 n. 1, 972 N.Y.S.2d 355 [2013] ; People v. Brown, 69 A.D.3d 466, 466, 894 N.Y.S.2d 18 [2010] ; compare People v. Bibeau, 140 A.D.3d 1530, 1531, 34 N.Y.S.3d 702 [2016], lv. denied 28 N.Y.3d 969, 43 N.Y.S.3d 256, 66 N.E.3d 2 [2016] ).ORDERED that the judgment is affirmed.