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People v. Daley

Appellate Division of the Supreme Court of New York, First Department
Sep 23, 2010
76 A.D.3d 904 (N.Y. App. Div. 2010)

Opinion

No. 3239.

September 23, 2010.

Appeal from judgment, Criminal Court, Bronx County (Arthur Birnbaum, J.), rendered September 14, 2006, convicting defendant, upon his plea of guilty, of theft of services, and sentencing him to a conditional discharge, unanimously transferred to the Appellate Term, First Judicial Department.

Steven Banks, The Legal Aid Society, New York (Kristina Schwarz of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Brian J. Reimels of counsel), for respondent.

Before: Saxe, J.P., Friedman, Moskowitz, Freedman and Román, JJ.


Since defendant pleaded guilty at his arraignment in the Criminal Court of the City of New York, Bronx County, this case was never transferred to the Bronx Criminal Division of Supreme Court. "[A] transfer occurs only if a case is not disposed of at arraignment" ( People v Correa, 15 NY3d 213, 226). Accordingly, Appellate Term has the exclusive jurisdiction to hear this appeal (CPL 450.60).


Summaries of

People v. Daley

Appellate Division of the Supreme Court of New York, First Department
Sep 23, 2010
76 A.D.3d 904 (N.Y. App. Div. 2010)
Case details for

People v. Daley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN R. DALEY, JR.…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Sep 23, 2010

Citations

76 A.D.3d 904 (N.Y. App. Div. 2010)
2010 N.Y. Slip Op. 6688
907 N.Y.S.2d 429