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People v. Flores

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jun 22, 2016
2016 N.Y. Slip Op. 4957 (N.Y. App. Div. 2016)

Opinion

2012-07217

06-22-2016

The People of the State of New York, respondent, v. Marcos Flores, appellant.

Lynn W. L. Fahey, New York, NY (Bryan D. Kreykes of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Sharon Y. Brodt of counsel), for respondent.


SHERI S. ROMAN JOSEPH J. MALTESE COLLEEN D. DUFFY, JJ. (Ind. No. 1351/11)

Lynn W. L. Fahey, New York, NY (Bryan D. Kreykes of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Sharon Y. Brodt of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered July 5, 2012, convicting him of burglary in the first degree and robbery in the first degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, his trial counsel was not ineffective for failing to move for dismissal of the indictment pursuant to CPL 30.30 (see CPL 30.30[4][a], [b], [g]; People v Brunner, 16 NY3d 820; People v Turner, 5 NY3d 476; People v Clayton, 131 AD3d 623).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

RIVERA, J.P., ROMAN, MALTESE and DUFFY, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Flores

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jun 22, 2016
2016 N.Y. Slip Op. 4957 (N.Y. App. Div. 2016)
Case details for

People v. Flores

Case Details

Full title:The People of the State of New York, respondent, v. Marcos Flores…

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

Date published: Jun 22, 2016

Citations

2016 N.Y. Slip Op. 4957 (N.Y. App. Div. 2016)