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People v. Michaux

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 9, 2016
2016 N.Y. Slip Op. 7343 (N.Y. App. Div. 2016)

Opinion

2014-07602 2014-07996

11-09-2016

The People of the State of New York, respondent, v. Jerome Michaux, appellant.

Scott M. Bishop, White Plains, NY, for appellant. James A. McCarty, Acting District Attorney, White Plains, NY (Hae Jin Liu and Jennifer Spencer of counsel), for respondent.


LEONARD B. AUSTIN SYLVIA O. HINDS-RADIX JOSEPH J. MALTESE, JJ. (Ind. No. 13-00468)

Scott M. Bishop, White Plains, NY, for appellant.

James A. McCarty, Acting District Attorney, White Plains, NY (Hae Jin Liu and Jennifer Spencer of counsel), for respondent.

DECISION & ORDER

Appeals by the defendant from (1) a judgment of the Supreme Court, Westchester County (Cacace, J.), rendered July 15, 2015, and (2) an amended judgment of the same court rendered July 17, 2015, convicting him of course of sexual conduct against a child in the first degree (two counts), upon his plea of guilty, and imposing sentence.

ORDERED that the appeal from the judgment is dismissed, as the judgment was superseded by the amended judgment; and it is further,

ORDERED that the amended judgment is affirmed.

The defendant's contentions were forfeited by his voluntary plea of guilty (see People v Hansen, 95 NY2d 227, 232; People v Ortiz, 84 AD3d 839, 840; People v Calvello, 70 AD3d 847). Contrary to the defendant's contention, there is no evidence in the record of defects impairing the integrity of the judicial process (see People v Hansen, 95 NY2d at 232; cf. People v Pelchat, 62 NY2d 97).

RIVERA, J.P., AUSTIN, HINDS-RADIX and MALTESE, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Michaux

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Nov 9, 2016
2016 N.Y. Slip Op. 7343 (N.Y. App. Div. 2016)
Case details for

People v. Michaux

Case Details

Full title:The People of the State of New York, respondent, v. Jerome Michaux…

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

Date published: Nov 9, 2016

Citations

2016 N.Y. Slip Op. 7343 (N.Y. App. Div. 2016)