People v. Duart
| Decision Date | 30 November 2016 |
| Citation | 2016 N.Y. Slip Op. 08091,144 A.D.3d 1173,41 N.Y.S.3d 747 |
| Parties | The PEOPLE, etc., respondent, v. Douglas DUART, appellant. |
| Court | New York Supreme Court — Appellate Division |
144 A.D.3d 1173
41 N.Y.S.3d 747
2016 N.Y. Slip Op. 08091
The PEOPLE, etc., respondent,
v.
Douglas DUART, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Nov. 30, 2016.
Steven A. Feldman, Uniondale, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Caren C. Manzello of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., SHERI S. ROMAN, SANDRA L. SGROI, and SYLVIA O. HINDS–RADIX, JJ.
Appeals by the defendant from (1) a judgment of the County Court, Suffolk County (Kahn, J.), rendered April 1, 2009, convicting him of attempted use of a child in a sexual performance under Superior Court Information No. 553/09, upon his plea of guilty, and imposing sentence, (2) a judgment of the
same court rendered January 25, 2011, convicting him of attempted use of a child in a sexual performance under Superior Court Information No. 2799/10, upon his plea of guilty, and imposing sentence, and (3) an amended judgment of the same court, also rendered January 25, 2011, revoking a sentence of probation previously imposed by the same court upon a finding that he violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of attempted use of a child in a sexual performance under Superior Court Information No. 553/09. By decision and order of this Court dated January 22, 2014, the matter was remitted to the County Court, Suffolk County, for a hearing on that branch of the defendant's motion which was to withdraw his plea of guilty to attempted use of a child in a sexual performance under Superior Court Information No. 2799/10, for which the defendant was to be appointed new counsel, and for a new determination of that branch of the motion thereafter (see People v. Duart, 113 A.D.3d 788, 978 N.Y.S.2d 369 ). The appeals were held in abeyance pending receipt of a report from the County Court. The County Court has now submitted its report.
ORDERED that the judgments and the amended judgment are affirmed.
In a decision and order dated January 22, 2014, this Court determined that the defendant's right to counsel was adversely affected when his attorney took a position...
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