From Casetext: Smarter Legal Research

People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 2000
271 A.D.2d 618 (N.Y. App. Div. 2000)

Opinion

Submitted March 2, 2000.

April 17, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (George, J.), rendered March 4, 1997, convicting him of burglary in the second degree, petit larceny, criminal possession of stolen property in the fifth degree, and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.

Richard L. Herzfeld, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court did not err in denying his motion pursuant to CPL 30.30 to dismiss the indictment without holding a hearing. The motion papers submitted by the parties provided a sufficient basis for the court's determination (see, People v. Cassels, 260 A.D.2d 392 ).

The defendant's remaining contentions are without merit.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 2000
271 A.D.2d 618 (N.Y. App. Div. 2000)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. DANIEL DAVIS, a/k/a MICHAEL JOHNSON…

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

Date published: Apr 17, 2000

Citations

271 A.D.2d 618 (N.Y. App. Div. 2000)
706 N.Y.S.2d 357

Citing Cases

People v. Davis

Richard L. Herzfeld, P.C., New York, N.Y., former appellate counsel. *906 Application by the appellant for a…