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People v. Johnson

Appellate Term of the Supreme Court of New York, First Department
Aug 24, 2004
2004 N.Y. Slip Op. 50966 (N.Y. App. Term 2004)

Opinion

570376/02.

Decided August 24, 2004.

Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County, rendered April 11, 2001 (Diane Kiesel, J.) convicting him, upon a plea of guilty, of criminal contempt in the second degree (Penal Law § 215.50), and imposing sentence.

Judgment of conviction rendered April 11, 2001 (Diane Kiesel, J.) affirmed.

PRESENT: HON. WILLIAM J. DAVIS, J.P., HON. PHYLLIS GANGEL-JACOB, HON. MARTIN SCHOENFELD, Justices.


Review of defendant's present contention that the court did not conform to the procedural requirements of CPL 180.50 is foreclosed by operation of his guilty plea ( see, People v. Perez, NYLJ, July 19, 2001, at 18, col 1 [App Term, 1st Dept], lv denied 97 NY2d 642), which served to waive all nonjurisdictional issues ( see, People v. Rodriguez, 238 AD2d 150, lv denied 90 NY2d 897). In any event, inasmuch as CPL 180.50 applies to the reduction of a charge in a felony complaint to a non-felony offense, it has no application in this case where the felony witness intimidation charge contained in the accusatory instrument were dismissed, not reduced ( see, People v. Perez, supra).

This constitutes the decision and order of the court.


Summaries of

People v. Johnson

Appellate Term of the Supreme Court of New York, First Department
Aug 24, 2004
2004 N.Y. Slip Op. 50966 (N.Y. App. Term 2004)
Case details for

People v. Johnson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL JOHNSON…

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

Date published: Aug 24, 2004

Citations

2004 N.Y. Slip Op. 50966 (N.Y. App. Term 2004)