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People v. Briggs

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Feb 22, 2017
2017 N.Y. Slip Op. 1380 (N.Y. App. Div. 2017)

Opinion

2015-04605

02-22-2017

The People of the State of New York, respondent, v. Rashad Briggs, appellant.

Scott M. Bishop, White Plains, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Jennifer Spencer and Laurie G. Sapakoff of counsel), for respondent.


L. PRISCILLA HALL HECTOR D. LASALLE BETSY BARROS, JJ. (Ind. No. 13-01042)

Scott M. Bishop, White Plains, NY, for appellant.

Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Jennifer Spencer and Laurie G. Sapakoff of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered July 31, 2014, convicting him of attempted assault in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

This appeal arises from an incident during which the defendant used a knife to attack the complainant. The defendant eventually pleaded guilty to attempted assault in the first degree (Penal Law §§ 110.00, 120.10[1]). On appeal, he contends that the indictment was jurisdictionally defective under CPL 200.50(7)(b), because it failed to specify the weapon he used. By pleading guilty, the defendant forfeited any claim he may have had under CPL 200.50(7)(a) as to the sufficiency of the factual allegations of the indictment (see People v Iannone, 45 NY2d 589, 599; People v Gibson, 117 AD3d 1317, 1317-1318; People v Perez, 93 AD3d 1032, 1034-1035). In any event, the defendant's contention is without merit because CPL 200.50(7)(b) applies only to counts alleging the commission of an "armed felony" (CPL 200.50[7][b]; see CPL 1.20[41]; Penal Law § 10.00[12]). The defendant was not charged with the commission of an "armed felony."

BALKIN, J.P., HALL, LASALLE and BARROS, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Briggs

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Feb 22, 2017
2017 N.Y. Slip Op. 1380 (N.Y. App. Div. 2017)
Case details for

People v. Briggs

Case Details

Full title:The People of the State of New York, respondent, v. Rashad Briggs…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Feb 22, 2017

Citations

2017 N.Y. Slip Op. 1380 (N.Y. App. Div. 2017)