People v. Rios

CourtNew York Supreme Court Appellate Division
Writing for the CourtSCUDDER
Citation72 A.D.3d 1491,898 N.Y.S.2d 923
PartiesThe PEOPLE of the State of New York, Respondent, v. Elvin RIOS, Defendant-Appellant. (Appeal No. 2.)
Decision Date30 April 2010
898 N.Y.S.2d 923
72 A.D.3d 1491


The PEOPLE of the State of New York, Respondent,
v.
Elvin RIOS, Defendant-Appellant. (Appeal No. 2.)


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

April 30, 2010.

Appeal from a judgment of the Erie County Court (Michael L. D'Amico, J.), rendered October 10, 2008. The judgment convicted defendant, upon a jury verdict, of criminal possession of stolen property in the fourth degree (two counts), identity theft in the third degree (four counts), and forgery in the second degree (three counts).

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Susan C. Ministero of Counsel), for defendant-appellant.

Frank A. Sedita, III, District Attorney, Buffalo (Matthew B. Powers of Counsel), for respondent.

Same Memorandum as in People v. Rios [Appeal No. 1], 72 A.D.3d ----, --- N.Y.S.2d ----, 2010 WL 1730063 [Apr. 30, 2010].

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

SCUDDER, P.J., FAHEY,...

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3 practice notes
  • Rios v. Lempke, 11-CV-00205F
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • 22 Mayo 2014
    ...Appellate Division"). People v. Rios, 899 N.Y.S.2d 769 (App. Div. 4th Dep't. 2010) (Appeal on First Indictment), and People v. Rios, 898 N.Y.S.2d 923 (App. Div. 4th Dep't. 2010) (Appeal on Second Indictment). Leave to appeal to the New York Court of Appeals ("the Court of Appeals") in both ......
  • People v. Rios
    • United States
    • New York Supreme Court Appellate Division
    • 30 Abril 2010
    ...Even assuming, arguendo, that defendant preserved that contention for our review ( see CPL 470.05[2] ), we conclude that it lacks merit.72 A.D.3d 1491" '[T]he decision to consolidate separate indictments under CPL 200.20[ (4) ] is committed to the sound discretion of the [court] in light of......
  • Bankruptcy EState of Quinn v. Chiacchia & Fleming, LLP
    • United States
    • New York Supreme Court Appellate Division
    • 30 Abril 2010
    ...Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on February 3, 2010,898 N.Y.S.2d 923 It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. SCUDDER, P.J., CENTRA, CARNI, and PINE, JJ.,...
3 cases
  • Rios v. Lempke, 11-CV-00205F
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • 22 Mayo 2014
    ...Appellate Division"). People v. Rios, 899 N.Y.S.2d 769 (App. Div. 4th Dep't. 2010) (Appeal on First Indictment), and People v. Rios, 898 N.Y.S.2d 923 (App. Div. 4th Dep't. 2010) (Appeal on Second Indictment). Leave to appeal to the New York Court of Appeals ("the Court of Appeals") in both ......
  • People v. Rios
    • United States
    • New York Supreme Court Appellate Division
    • 30 Abril 2010
    ...Even assuming, arguendo, that defendant preserved that contention for our review ( see CPL 470.05[2] ), we conclude that it lacks merit.72 A.D.3d 1491" '[T]he decision to consolidate separate indictments under CPL 200.20[ (4) ] is committed to the sound discretion of the [court] in light of......
  • Bankruptcy EState of Quinn v. Chiacchia & Fleming, LLP
    • United States
    • New York Supreme Court Appellate Division
    • 30 Abril 2010
    ...Now, upon reading and filing the stipulation discontinuing appeal signed by the attorneys for the parties on February 3, 2010,898 N.Y.S.2d 923 It is hereby ORDERED that said appeal is unanimously dismissed without costs upon stipulation. SCUDDER, P.J., CENTRA, CARNI, and PINE, JJ.,...

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