People v. Coaye
| Decision Date | 14 October 1986 |
| Parties | , 501 N.E.2d 18 The PEOPLE of the State of New York, Respondent, v. Winston COAYE, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division, 110 A.D.2d 904, 488 N.Y.S.2d 735, should be modified by reversing so much of the order as reversed the trial court's order of November 3, 1983 and by reinstating the judgment of Supreme Court, Kings County, and, except as so modified, the order of the Appellate Division should be affirmed.
Defendant was convicted after a jury trial of attempted murder in the first degree, criminal possession of a weapon, and assault. Upon defendant's motion pursuant to CPL 330.30, on August 22, 1983, the trial court, in an order announced on the record, reduced the attempted murder conviction from first to second degree and proceeded immediately to impose sentence. Within 30 days, defendant filed his notice of appeal from the judgment. On November 3, 1983, the People submitted an order modifying the verdict "pursuant to the Court's decision of August 22." The order was entered that day, apparently unsigned, and the People the next day filed an appeal from that order. The Appellate Division, having consolidated the People's appeal with defendant's appeal, reversed the order insofar as appealed from, vacated the judgment of conviction, reinstated the jury verdict, and remitted the case to Criminal Term for reimposition of sentence in accordance with the verdict. Urging among other grounds that the People's appeal should not have been heard by the Appellate Division because it was taken more than 30 days from August 22, 1983, defendant seeks reversal of the Appellate Division order.
The narrow question is whether, in the particular factual circumstances presented, the People's time to appeal the trial court's modification of the conviction ran from August 22, the date it was announced and judgment immediately rendered thereon, or from November 3, the date the People submitted the written order. There is no compelling answer in the CPL; it neither defines an "order" nor unambiguously specifies the time for taking an appeal from an order. * The People point to CPL 460.10(1)(a) in support of their contention that the time to appeal an order...
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Lionel F., Matter of
...the order is made and sentence immediately imposed thereon, rather than the time of entry of the order (see, People v. Coaye, 68 N.Y.2d 857, 508 N.Y.S.2d 410, 501 N.E.2d 18; see also, People v. Singleton, 72 N.Y.2d 845, 531 N.Y.S.2d 798, 527 N.E.2d ...
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People v. Merly, 3922-2014.
...actions. Generally, notice of entry is a civil practice procedure not commonly used in criminal matters (see, People v. Coaye, 68 N.Y.2d 857, 508 N.Y.S.2d 410, 501 N.E.2d 18 [1986] ; People v. Walters, 46 Misc.3d 295, 997 N.Y.S.2d 252 [New York County 2014, Whitten, J.] ). Unlike in civil p......
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Saladeen v. Chappius
.... . . stating that such party appeals." New York Criminal Procedure Law (C.P.L.) § 460.10(1)(a); see also People v. Coaye, 68 N.Y.2d 857, 858-59, 501 N.E.2d 18, 18-19 (1986); People v. Merly, 51 Misc.3d 858, 861, 31 N.Y.S.3d 751, 755 (Sup. Ct. Bronx Cty. 2016) ("Generally, notice of entry i......
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People v. Elmer
...be construed to permit an appeal from either a written or oral order.2 This Court previously held as much in People v. Coaye, 68 N.Y.2d 857, 508 N.Y.S.2d 410, 501 N.E.2d 18 (1986). In that case, upon the defendant's motion, Supreme Court orally reduced an attempted murder conviction to a le......