People v. Butler

• Decision Date: 29 April 2015
• Docket Number: S.C.I. No. 98/12, 2013-10141.
• Citation: 2015 N.Y. Slip Op. 03555,7 N.Y.S.3d 533,127 A.D.3d 1224
• Parties: The PEOPLE, etc., respondent, v. Daniel L. BUTLER, appellant.
• Court: New York Supreme Court — Appellate Division

127 A.D.3d 1224
7 N.Y.S.3d 533
2015 N.Y. Slip Op. 03555

The PEOPLE, etc., respondent
v.
Daniel L. BUTLER, appellant.

S.C.I. No. 98/12, 2013-10141.

Supreme Court, Appellate Division, Second Department, New York.

April 29, 2015.

7 N.Y.S.3d 534

Joseph F. DeFelice, Kew Gardens, N.Y., for appellant.

Madeline Singas, Acting District Attorney, Mineola, N.Y. (Andrea M. DiGregorio and Monica M.C. Leiter of counsel), for respondent.

WILLIAM F. MASTRO, J.P., MARK C. DILLON, L. PRISCILLA HALL, and ROBERT J. MILLER, JJ.

Opinion

127 A.D.3d 1224

Appeal by the defendant from a judgment of the County Court, Nassau County (Sullivan, J.), rendered October 22, 2013, convicting him of criminal possession of a weapon in the third degree, criminal possession of a weapon in the fourth degree, aggravated unlicensed operation of a motor vehicle in the first degree, and aggravated unlicensed operation of a motor vehicle in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

On January 18, 2012, after waiving indictment by a grand jury, the defendant pleaded guilty under a superior court information to criminal possession of a weapon in the third degree under Penal Law § 265.02(1), a class D, nonviolent felony, aggravated

127 A.D.3d 1225

unlicensed operation of a motor vehicle in the first degree under Vehicle and Traffic Law § 511(3)(a)(ii), a class E felony, criminal possession of a weapon in the fourth degree under Penal Law § 265.01 (1), a class A misdemeanor, and aggravated unlicensed operation of a motor vehicle in the second degree under Vehicle and Traffic Law § 511(2)(a)(i), an unclassified misdemeanor.

The defendant also signed a cooperation agreement which, inter alia, provided that sentencing would be adjourned during the period of cooperation, and that, upon successful cooperation as determined by the Nassau County District Attorney, an...