People v. Miller

1 Citing case

  1. People v. Rodriguez

    158 A.D.3d 956 (N.Y. App. Div. 2018)   Cited 2 times

    However, a criminal statute may incorporate a civil statute by reference, as is the case here, where CPL 420.10 provides a mechanism by which a criminal fine "may be collected in the same manner as a judgment in a civil action" ( CPL 420.10[6][a] ; seePeople v. Greenhalgh, 48 Misc.3d 755, 758, 11 N.Y.S.3d 452 [Nassau County Ct. 2015] ; People v. Bertucci, 132 Misc.2d 1051, 1054, 506 N.Y.S.2d 399 [Sup. Ct. Queens County 1986] ). To the extent that defendant claims that he was deprived of an opportunity to challenge County Court's order at sentencing that the criminal fines be converted to, and entered as, civil judgments (see CPLR 5513[a] ; 22 NYCRR 202.48 [c] ), his failure to raise any objection in this regard at sentencing renders such challenge unpreserved for our review (see CPL 470.05 [2] ; People v. Miller, 32 Misc.3d 42, 45, 928 N.Y.S.2d 806 [Sup. Ct. App. Term, 2d Dept. 2011] ; cf.People v. Horne, 97 N.Y.2d 404, 414 n. 3, 740 N.Y.S.2d 675, 767 N.E.2d 132 [2002] ; People v. Hakes, 143 A.D.3d 1054, 1056, 39 N.Y.S.3d 299 [2016],lv granted 29 N.Y.3d 997, 57 N.Y.S.3d 719, 80 N.E.3d 412 [2017] ). Moreover, the court's order that the fines be entered as civil judgments amounted to nothing more than a ministerial matter required by statute (see CPL 420.10[6][a] ; People v. Miller, 32 Misc.3d at 45–46, 928 N.Y.S.2d 806 ; see alsoEzeigwe v. Attorney General of the United States, 491 Fed.Appx. at 341 ), and any purported failure to serve defendant with a copy of the judgments and notice of their entry does not warrant vacatur of those judgments (see CPLR 5016, 5513[a] ; cf.Chambers v. City of Ogdensburg, 239 A.D.2d 850, 850, 658 N.Y.S.2d 492 [1997], lv denied 91 N.Y.2d 802, 667 N.Y.S.2d 682, 690 N.E.2d 491 [1997] ; Matter of Halpin v. Perales, 203 A.D.2d 675, 676–677, 610 N.Y.S.2d 367 [1994] ).