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People v. Singh

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 2006
30 A.D.3d 639 (N.Y. App. Div. 2006)

Opinion

16583.

June 1, 2006.

Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered July 20, 2004, convicting defendant upon his plea of guilty of the crime of offering a false instrument for filing in the first degree.

The Proskin Law Firm, Albany (Arnold W. Proskin of counsel), for appellant.

P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.

Before: Cardona, P.J., Mercure, Spain and Lahtinen, JJ., concur.


Defendant repeatedly filed applications for a driver's license which contained false information in the Queens County office of the Department of Motor Vehicles. Defendant was charged in an Albany County indictment with three counts of offering a false instrument for filing in the first degree. Following denial of his motion to dismiss for lack of geographical jurisdiction, defendant, pursuant to a plea bargain agreement in full satisfaction of the indictment, entered a plea of guilty to the first count, and waived his right to appeal, except as to the issue of geographical jurisdiction. Sentenced to time served and five years of probation, defendant now appeals contending that Albany County lacked the requisite jurisdiction over the crimes charged.

We affirm. Here, during his plea allocution, defendant admitted that he offered a false instrument for filing in Queens County which was subsequently forwarded to Albany County for processing. Under these circumstances, either the county in which the false application was filed or the county to which the false application was forwarded for purposes of processing may properly prosecute defendant ( see People v. Singh, 24 AD3d 896, 896; Matter of Sharpton v. Turner, 169 AD2d 947, 949; see also CPL 20.40).

Ordered that the judgment is affirmed.


Summaries of

People v. Singh

Appellate Division of the Supreme Court of New York, Third Department
Jun 1, 2006
30 A.D.3d 639 (N.Y. App. Div. 2006)
Case details for

People v. Singh

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARAN SINGH, Also…

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

Date published: Jun 1, 2006

Citations

30 A.D.3d 639 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 4201
817 N.Y.S.2d 398

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