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People v. Rogers

Appellate Division of the Supreme Court of New York, Second Department
May 17, 2004
7 A.D.3d 737 (N.Y. App. Div. 2004)

Opinion

2001-08524.

Decided May 17, 2004.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lewis, J.), rendered October 3, 2001, convicting him of assault in the second degree (two counts), assault in the third degree, criminal possession of a weapon in the third degree, and criminal possession of a weapon in the fourth degree (two counts), upon a jury verdict, and imposing sentence.

Lynn W.L. Fahey, New York, N.Y. (Steven R. Bernhard of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent.

Before: ANITA R. FLORIO, J.P., GABRIEL M. KRAUSMAN, BARRY A. COZIER, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The Supreme Court properly denied the defendant's pro se motions pursuant to CPL 30.30. There is no evidence in the record that the People's statement of readiness on July 21, 2000, was not made in good faith or did not reflect an actual present state of readiness ( see People v. Wilson, 86 N.Y.2d 753; People v. Kendzia, 64 N.Y.2d 331, 338; People v. Santana, 233 A.D.2d 344). Therefore, there was no violation of the defendant's rights pursuant to CPL 30.30.

The defendant's remaining contention is without merit.

FLORIO, J.P., KRAUSMAN, COZIER and RIVERA, JJ., concur.


Summaries of

People v. Rogers

Appellate Division of the Supreme Court of New York, Second Department
May 17, 2004
7 A.D.3d 737 (N.Y. App. Div. 2004)
Case details for

People v. Rogers

Case Details

Full title:THE PEOPLE, ETC., respondent, v. JAMES ROGERS, A/K/A WALTER JAMES ROGERS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 17, 2004

Citations

7 A.D.3d 737 (N.Y. App. Div. 2004)
776 N.Y.S.2d 832

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