People v. Taylor

Citation82 A.D.3d 1016,919 N.Y.S.2d 62,2011 N.Y. Slip Op. 02042
PartiesThe PEOPLE, etc., respondent,v.Daivery TAYLOR, et al., appellants.
Decision Date15 March 2011
CourtNew York Supreme Court Appellate Division

82 A.D.3d 1016
919 N.Y.S.2d 62
2011 N.Y. Slip Op. 02042

The PEOPLE, etc., respondent,
v.
Daivery TAYLOR, et al., appellants.

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

March 15, 2011.


[919 N.Y.S.2d 63]

Mischel & Horn, P.C., New York, N.Y. (Richard E. Mischel and Lisa R. Marlow Wolland of counsel), for appellant Law Offices of Silverman & Taylor.Eric T. Schneiderman, Attorney General, New York, N.Y. (Barbara D. Underwood, Roseann B. MacKechnie, and Monica Wagner of counsel), for respondent.WILLIAM F. MASTRO, J.P., ANITA R. FLORIO, ARIEL E. BELEN, and SHERI S. ROMAN, JJ.

[82 A.D.3d 1016] Appeal by the defendant Daivery Taylor and separate appeal by the defendant Law Offices of Silverman & Taylor from a judgment of the County Court, Nassau County (Brown, J.), rendered July 31, 2006, convicting them each of scheme to defraud in the first degree and offering a false instrument for filing in the first degree (four counts), after a nonjury trial, and imposing sentences. By decision and order of this Court dated October 7, 2008, the judgment was reversed ( see People v. Taylor, 55 A.D.3d 640, 865 N.Y.S.2d 266). By order of the Court of Appeals dated February 26, 2009, the People were granted leave to appeal from the decision and order of this Court. The People, as limited by their brief, appealed, by permission, from so much of the decision and order of this Court as reversed so much of the judgment as convicted the defendant Law Offices of Silverman & Taylor of offering a false instrument for filing in the first degree (four counts). By order of the Court of Appeals dated February 6, 2010, the decision and order of this Court was reversed insofar as appealed from, so much of the judgment as convicted the defendant Law Offices of Silverman & Taylor of offering a false instrument for filing in the first degree (four counts) was reinstated, and the matter was remitted to this Court for further proceedings ( see People v. Taylor, 14 N.Y.3d 727, 900 N.Y.S.2d 237, 926 N.E.2d 591). Justices Mastro and Roman have been substituted for Justice Carni and former Justice Lifson ( see 22 NYCRR 670.1[c] ).

ORDERED that, upon remittitur from the Court of Appeals, so much of the judgment as convicted the defendant Law Offices of Silverman & Taylor of offering a

[919 N.Y.S.2d 64]

false instrument for filing in the first degree (four counts) is affirmed.

[82 A.D.3d 1017] The defendant Law Offices of Silverman & Taylor (hereinafter the defendant) was...

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9 cases
  • People v. Mehmood
    • United States
    • New York Supreme Court Appellate Division
    • December 18, 2013
    ...Calabria, 94 N.Y.2d 519, 523, 706 N.Y.S.2d 691, 727 N.E.2d 1245, aff'd.3 N.Y.3d 80, 783 N.Y.S.2d 321, 816 N.E.2d 1257; People v. Spann, 82 A.D.3d at 1016, 918 N.Y.S.2d 588). Additionally, for the following reasons, we find that the defendant was deprived of the effective assistance of couns......
  • People v. Singh, 2012-11427
    • United States
    • New York Supreme Court Appellate Division
    • May 13, 2015
    ...effect of the prosecutor's 9 N.Y.S.3d 329improper summation comments deprived him of his right to a fair trial (see People v. Spann, 82 A.D.3d at 1016, 918 N.Y.S.2d 588 ; People v. Brown, 26 A.D.3d 392, 812 N.Y.S.2d 561 ; People v. Pagan, 2 A.D.3d at 881, 769 N.Y.S.2d 741 ). Accordingly, we......
  • People v. Headley, 2014-05892
    • United States
    • New York Supreme Court Appellate Division
    • March 6, 2019
    ...offering a false instrument for filing in the first degree with respect to these two counts (see Penal Law § 175.35 ; People v. Taylor, 82 A.D.3d 1016, 1017, 919 N.Y.S.2d 62 ; Norman v. Hynes, 20 A.D.3d 125, 132, 799 N.Y.S.2d 222 ). Moreover, in fulfilling our responsibility to conduct an i......
  • People v. Redd
    • United States
    • New York Supreme Court Appellate Division
    • July 6, 2016
    ...absent the cumulative, prejudicial effect of these errors (see People v. Spence, 92 A.D.3d 905, 938 N.Y.S.2d 622 ; People v. Spann, 82 A.D.3d at 1016, 918 N.Y.S.2d 588 ).As a new trial must be ordered, we further note that the trial court erred in permitting the prosecutor to elicit extensi......
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