Cases

People v Valdez (2020 NY Slip Op 01529) People v Valdez 2020 NY Slip Op 01529 Decided on March 5, 2020 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 43

People v Valdez (2019 NY Slip Op 02299) People v Valdez 2019 NY Slip Op 02299 Decided on March 26, 2019 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 4

People v Valdez (2019 NY Slip Op 03381) People v Valdez 2019 NY Slip Op 03381 Decided on May 1, 2019 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431

Judgment unanimously affirmed. Counsel’s motion to be relieved of assignment granted (see People v Crawford, 71 AD2d 38 [1979]). (Appeal from a Judgment of the Oswego County Court, Donald E. Todd, J. — Burglary, 3rd Degree.) Present — Whalen, P.J., Smith, Carni, Curran and Scudder, JJ.

*1152Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered November 15, 2013, convicting him of predatory sexual assault against a child, sexual abuse in the first degree, course of sexual conduct against a child in the first degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence. Ordered that the j

People v Valdez-Rodriguez (2019 NY Slip Op 04047) People v Valdez-rodriguez 2019 NY Slip Op 04047 Decided on May 23, 2019 Appellate Division, Third Department Published by New York State Law Reporting Bureau pursuant to

*1152Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered November 15, 2013, convicting him of predatory sexual assault against a child, sexual abuse in the first degree, course of sexual conduct against a child in the first degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence. Ordered that the j

Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered July 19, 2012, convicting defendant, upon his plea of guilty, of murder in the second degree, and sentencing him to a term of 18 years to life, unanimously affirmed. *465 Defendant’s challenge to the voluntariness of his plea is unpreserved

Appeal by the defendant from an order of the Supreme Court, Kings County (Sullivan, J.), dated August 27, 2008, which, after a hearing, designated him a level three sex offender pursuant to Correction Law article 6-C. Ordered that the order is affirmed, without costs or disbursements. The People bear of the burden of establishing, by clear and convincing evidence, th

An appeal having been taken to this Court by the above-named appellant from a judgment of the Supreme Court, New York County (Abraham Clott, J.), rendered April 13, 2016, said appeal having been argued by counsel for the respective parties, due deliberation having been had thereon, and finding the sentence not excessive, it is unanimously ordered that the judgment so appealed from be and the same is here

Valdez v City of New York (2024 NY Slip Op 06589) Valdez v City of New York 2024 NY Slip Op 06589 Decided on December 24, 2024 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law

Judgment, Supreme Court, New York County (Laura A. Ward, J.), rendered August 13, 2012, convicting defendant, upon his plea guilty, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of one year, unanimously affirmed. Defendant made a valid waiver of his right to appeal (see People v Ramos, 7 NY3d 737 [2006]; People v L

Application by the appellant for a writ of error coram nobis to vacate, on the *1068ground of ineffective assistance of appellate counsel, a decision and order of this Court dated November 6, 2000 CPeople v Valdez, 277 AD2d 262 [2000]), affirming a judgment of the Supreme Court, Queens County, rendered July 31, 1997. Ordered that the application is denied.

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered July 10, 2007, convicting defendant, after a jury trial, of burglary in the first degree and assault in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 15 years and seven years, respectively, unanimously affirmed. The court properly precluded defendant from introducing the testimony of his three alibi witnesses, who were hi

The defendant’s Batson challenge (see Batson v Kentucky, 476 US 79 [1986]) was properly denied, as he failed to make the requisite prima facie showing of discrimination. It is incumbent upon a party making a Batson challenge to articulate and develop all of the grounds supporting the claim, both factual and legal, during the colloquy in which the objection is raised and discussed (see People v Childress, 81 NY2d 263, 26

The defendant’s Batson challenge (see Batson v Kentucky, 476 US 79 [1986]) was properly denied, as he failed to make the requisite prima facie showing of discrimination. It is incumbent upon a party making a Batson challenge to articulate and develop all of the grounds supporting the claim, both factual and legal, during the colloquy in which the objection is raised and discussed (see People v Childress, 81 NY2d 263, 26

Defendant challenges the sufficiency of the evidence supporting his conviction of attempted gang assault in the first degree. However, we reject that claim. In particular, there was legally sufficient evidence to establish that two or more other persons actually present aided defendant in his attack on the victim, rather than committing a separate, subsequent assault (see People v Santos, 14 AD3d 411, 412 [2005], lv denied 4 NY3d 856 [2

Andkias, J. (concurring). While I agree that defendant’s conviction should be affirmed and that his present “bolstering” claim is unpreserved for review due to the lack of proper objection to the prosecutor’s purportedly unduly lengthy introduction of Lieutenant DeStefano, the People’s principal witness, I cannot agree that anything untoward occurred here. Nor do I agree that the lieutenant’s testimony about his backgr

Appeal from a judgment of the Monroe County Court (John J. Connell, J.), rendered June 30, 2004. The judgment convicted defendant, upon his plea of guilty, of assault in the first degree and burglary in the first degree. It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously modified as a matter of discretion in the interest of justice and on the law by amending the order of protection and as mo

Judgment, Supreme Court, New York County (Arlene Goldberg, J.), rendered April 1, 2005, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the second degree, and sentencing him to a term of three years to life, unanimously affirmed. The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credi