People v. Primm
| Decision Date | 20 April 2009 |
| Citation | 12 N.Y.3d 820,908 N.E.2d 935 |
| Parties | PEOPLE v. PRIMM. |
| Court | New York Court of Appeals Court of Appeals |
Appeal from 4th Dept.: 57 A.D.3d 1525, 870 N.Y.S.2d 188 (Erie).
Application for leave to criminal appeal Denied. (Jones, J.).
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8 cases
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People v. Smith
... ... 2, defendant appeals from the resentence on that conviction.We note at the outset that, inasmuch as the sentence in appeal No. 1 was superseded by the resentence in appeal No. 2, the appeal from the judgment in appeal No. 1 insofar as it imposed sentence must be dismissed (see People v. Primm , 57 A.D.3d 1525, 1525, 870 N.Y.S.2d 188 [4th Dept. 2008], lv denied 12 N.Y.3d 820, 881 N.Y.S.2d 27, 908 N.E.2d 935 [2009] ). In addition, although the notice of appeal in appeal No. 1 relates to the judgment rendered on February 23, 2018, and not the resentence on May 18, 2018, we exercise our ... ...
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People v. Habberfield
... ... 1, the appeal from the judgment in appeal No. 2 insofar as it imposed sentence must be dismissed (see People v. Weathington [Appeal No. 2], 141 A.D.3d 1173, 1173, 34 N.Y.S.3d 859 [4th Dept. 2016], lv denied 28 N.Y.3d 975, 43 N.Y.S.3d 262, 66 N.E.3d 8 [2016] ; People v. Primm , 57 A.D.3d 1525, 1525, 870 N.Y.S.2d 188 [4th Dept. 2008], lv denied 12 N.Y.3d 820, 881 N.Y.S.2d 27, 908 N.E.2d 935 [2009] ). We otherwise affirm the judgment in appeal No. 2 and affirm the resentence in appeal No. 1. In appeal No. 2, defendant contends that her plea was not knowingly, voluntarily, ... ...
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People v. Panek
... ... Hill, 9 N.Y.3d 189, 191, 849 N.Y.S.2d 13, 879 N.E.2d 152,cert. denied553 U.S. 1048, 128 S.Ct. 2430, 171 L.Ed.2d 257), and defendant does not seek that relief ( see People v. Primm, 57 A.D.3d 1525, 1525, 870 N.Y.S.2d 188,lv. denied12 N.Y.3d 820, 881 N.Y.S.2d 27, 908 N.E.2d 935;People v. Dean, 52 A.D.3d 1308, 1308, 861 N.Y.S.2d 545,lv. denied11 N.Y.3d 736, 864 N.Y.S.2d 394, 894 N.E.2d 658). Finally, contrary to [960 N.Y.S.2d 803]defendant's contention, the sentence is not ... ...
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People v. Weathington
... ... 2, he appeals from the resentence on that conviction. We note at the outset that, inasmuch as the sentence in appeal No. 1 was superseded by the resentence in appeal No. 2, the appeal from the judgment in appeal No. 1 insofar as it imposed sentence must be dismissed (see People v. Primm, 57 A.D.3d 1525, 1525, 870 N.Y.S.2d 188, lv. denied 12 N.Y.3d 820, 881 N.Y.S.2d 27, 908 N.E.2d 935 ). We otherwise affirm the judgment in appeal No. 1 and affirm the resentence in appeal No. 2. Contrary to defendant's contention, the record establishes that he knowingly, voluntarily and ... ...
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