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People v. Faden

Appellate Term of the Supreme Court of New York, First Department
Mar 11, 2004
2004 N.Y. Slip Op. 50150 (N.Y. App. Term 2004)

Opinion

570768/02.

Decided March 11, 2004.

PRESENT: HON. WILLIAM P. McCOOE, J.P. HON. WILLIAM J. DAVIS HON. MARTIN SCHOENFELD, Justices.

Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County, rendered June 4, 2002 (Seth L. Marvin, J.) convicting him, upon a plea of guilty, of reckless endangerment in the second degree (Penal Law § 120.20), and sentencing him to 30 days in jail, to run concurrently with a sentence imposed in connection with a prior Felony conviction.

Judgment of conviction rendered June 4, 2002 (Seth L. Marvin J.) affirmed.


Defendant entered a plea of guilty to reckless endangerment in the second degree (Penal Law § 120.20), a class A misdemeanor, with the understanding that the agreed upon 30-day jail sentence would run concurrently with a lengthy prison term imposed in connection with his (then) recent guilty plea to unrelated second degree burglary and other felony charges. While his appeal from the felony conviction was still pending, defendant perfected the within appeal from the misdemeanor conviction, seeking vacatur of his misdemeanor guilty plea in the event that his guilty plea in the felony case were ultimately vacated on appeal [ see, People v. Pichardo, 1 NY3d 126). Inasmuch as the denial of defendant's motion to vacate his felony guilty plea has now been sustained on appeal ( People v. Faden, 1 AD3d 200), the argument underlying the within appeal is moot, as defendant concedes.

This constitutes the decision and order of the court.


Summaries of

People v. Faden

Appellate Term of the Supreme Court of New York, First Department
Mar 11, 2004
2004 N.Y. Slip Op. 50150 (N.Y. App. Term 2004)
Case details for

People v. Faden

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HOWARD FADEN…

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

Date published: Mar 11, 2004

Citations

2004 N.Y. Slip Op. 50150 (N.Y. App. Term 2004)