People v. Hudson

2 Citing cases

  1. People v. Taylor

    66 Misc. 3d 149 (N.Y. App. Term 2020)   Cited 5 times

    Additionally, he contends that the Justice Court failed to advise him, prior to his entering a guilty plea, that his plea may subject him to adverse immigration consequences. Although the issue of whether the felony complaint was properly reduced was not raised in defendant's affidavit of errors, claims of jurisdictional defects, such as the present one, do not have to be raised in an affidavit of errors in order to be reviewable on appeal (seePeople v. Nicometi , 12 NY2d 428, 430 [1963] ; People v. Hudson , 63 Misc 3d 137[A], 2019 NY Slip Op 50525[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2019]; People v. Sloane , 59 Misc 3d 143[A], 2018 NY Slip Op 50697[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2018] ). An attempted reduction of a felony complaint not done pursuant to the requirements of CPL 180.50, even if acquiesced to by the court, the prosecution and defendant, is invalid and of no legal effect (seePeople v. Kane , 57 Misc 3d 35 [App Term, 2d Dept, 9th & 10th Jud Dists 2017]; People v. Grune , 164 Misc 2d 1047 [App Term, 2d Dept, 9th & 10th Jud Dists 1995]; People v. Minor , 144 Misc 2d 846 [App Term, 2d Dept, 2d & 11th Jud Dists 1989] ).

  2. People v. Ballard

    66 Misc. 3d 133 (N.Y. App. Term 2019)

    This issue does not relate to any of the alleged errors asserted in defendant's affidavit of errors. "It is well settled that, generally, issues which have not been raised in an affidavit of errors are not properly preserved for appellate review" ( People v. Hudson , 63 Misc 3d 137[A], 2019 NY Slip Op. 50525[U], *1 [App Term, 2d Dept, 9th & 10th Jud Dists 2019]; seePeople v. Sloane , 59 Misc 3d 143[A], 2018 NY Slip Op. 50697[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2018] ). Moreover, defendant did not move to reopen the suppression hearing, and "the court was under no obligation to reopen the hearing sua sponte" ( People v. Crespo , 117 AD3d 1538, 1539 [2014] ).