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People v. Taquiz F.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 28, 2018
2018 N.Y. Slip Op. 2152 (N.Y. App. Div. 2018)

Opinion

2016-01802 2016-01803

03-28-2018

The People of the State of New York, respondent, v. Taquiz F. (Anonymous), appellant.

Matthew Muraskin, Port Jefferson, NY, for appellant. Madeline Singas, District Attorney, Mineola, NY (Kevin C. King of counsel; Matthew C. Frankel on the brief), for respondent.


RUTH C. BALKIN FRANCESCA E. CONNOLLY LINDA CHRISTOPHER, JJ. (S.C.I. Nos. 1176-13, 1580-13)

Matthew Muraskin, Port Jefferson, NY, for appellant.

Madeline Singas, District Attorney, Mineola, NY (Kevin C. King of counsel; Matthew C. Frankel on the brief), for respondent.

DECISION & ORDER

Appeals by the defendant from two amended judgments of the Supreme Court, Nassau County (Christopher G. Quinn, J.), both rendered January 21, 2016, revoking sentences of probation previously imposed by the same court (George R. Peck, J.), upon a finding that he violated conditions thereof, upon his admission, and imposing sentences of imprisonment upon his previous adjudications as a youthful offender for attempted robbery in the third degree under Superior Court Information No. 1176-13, and attempted burglary in the second degree and criminal mischief in the fourth degree under Superior Court Information No. 1580-13.

ORDERED that the amended judgments are affirmed.

After the defendant was adjudicated a youthful offender under two separate superior court informations in September 2013, he failed to file notices of appeal within the 30-day statutory period (see CPL 460.10[1]). In January 2016, the defendant was found, upon his admission, to be in violation of the terms of his probation. The Supreme Court revoked the defendant's probation and imposed sentences of incarceration. On these appeals, the defendant challenges the validity of his original pleas of guilty.

The defendant is foreclosed from challenging the validity of his original pleas of guilty on these appeals from the amended judgments (see People v Whitlock, 114 AD3d 970, 971; People v Pagan, 27 AD3d 580, 581). Since the defendant does not challenge the finding that he violated the terms of his probation or the sentences imposed thereon, we affirm the amended judgments.

MASTRO, J.P., BALKIN, CONNOLLY and CHRISTOPHER, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Taquiz F.

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Mar 28, 2018
2018 N.Y. Slip Op. 2152 (N.Y. App. Div. 2018)
Case details for

People v. Taquiz F.

Case Details

Full title:The People of the State of New York, respondent, v. Taquiz F. (Anonymous)…

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

Date published: Mar 28, 2018

Citations

2018 N.Y. Slip Op. 2152 (N.Y. App. Div. 2018)