People v. Moore
| Decision Date | 07 February 2019 |
| Docket Number | 107445 |
| Citation | 93 N.Y.S.3d 464,169 A.D.3d 1110 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Malik MOORE, Appellant. |
| Court | New York Supreme Court — Appellate Division |
169 A.D.3d 1110
93 N.Y.S.3d 464
The PEOPLE of the State of New York, Respondent,
v.
Malik MOORE, Appellant.
107445
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: January 10, 2019
Decided and Entered: February 7, 2019
Erin C. Morigerato, Albany, for appellant, and appellant pro se.
P. David Soares, District Attorney, Albany (Vincent Stark of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Aarons, Rumsey and Pritzker, JJ.
MEMORANDUM AND ORDER
Garry, P.J.
In 2013, defendant was charged in two separate indictments with reckless endangerment in the first degree and criminal possession of a weapon in the second degree. The charges stemmed in part from an incident wherein defendant fired a weapon in the direction of two City of Albany police officers. After rejecting three prior plea offers, defendant ultimately agreed to plead guilty to the reduced charges of attempted reckless endangerment in the first degree and attempted criminal possession of a weapon in the second degree with the understanding that he would be sentenced to a prison term of 1 ½ to 3 years upon his attempted reckless endangerment conviction and to a prison term of seven years followed by five years of postrelease supervision upon his weapon conviction – said sentences to run concurrently. The plea agreement, which required defendant
to waive his right to appeal, also resulted in the dismissal of another pending indictment charging defendant with criminal possession of a weapon in the third degree.
Defendant thereafter pleaded guilty consistent with the terms of the plea agreement, and the matter was adjourned for sentencing. At sentencing, the People clarified that defendant did not qualify as a predicate felony offender, thereby reducing the minimum period of imprisonment to be imposed upon the attempted reckless endangerment conviction, as well as the period of postrelease supervision to be imposed upon the weapon conviction. Accordingly, County Court sentenced defendant to a prison term of 1 to 3 years upon the attempted reckless endangerment conviction and to the promised prison term of seven years upon the weapon conviction followed by three years of postrelease supervision – said sentences to run concurrently. Defendant appeals.
...To continue reading
Request your trial
-
People v. Sablan
...implicate matters outside of the record that are more properly the subject of a CPL article 440 motion (see People v. Moore, 169 A.D.3d 1110, 1112, 93 N.Y.S.3d 464 [2019], lv denied 33 N.Y.3d 979, 101 N.Y.S.3d 233, 124 N.E.3d 722 [2019] ). Defendant's remaining pro se claims have been exami......
-
People v. Greene
...however, such claims are unpreserved for our review in the absence of an appropriate postallocution motion (see People v. Moore, 169 A.D.3d 1110, 1112, 93 N.Y.S.3d 464 [2019] ; People v. Rivera, 167 A.D.3d 1324, 1324, 88 N.Y.S.3d 915 [2018] ; People v. Norton, 164 A.D.3d 1502, 1503, 82 N.Y.......
-
People v. White
...was separate and distinct from the trial-related rights that defendant was forfeiting by pleading guilty (see People v. Moore, 169 A.D.3d 1110, 1111, 93 N.Y.S.3d 464 [2019], lv denied 33 N.Y.3d 979, 101 N.Y.S.3d 233, 124 N.E.3d 722, 2019 WL 2070899 [Apr. 25, 2019] ; People v. McDonald, 165 ......
-
People v. Carroll
...appeal waiver but are unpreserved for our review in the absence of an appropriate postallocution motion (see People v. Moore, 169 A.D.3d 1110, 1112, 93 N.Y.S.3d 464 [2019], lv denied 33 N.Y.3d 979, 101 N.Y.S.3d 233, 124 N.E.3d 722, 2019 WL 2070899 [Apr. 25, 2019] ; People v. Rivera, 167 A.D......