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1
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OPINION
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EXTRACTED KEY WORDS
MEMORANDUM COURT JUDGE RESPONDENT JUDGEMENT GEORGE SHAW INT PUBLICATION YORK REPORTS KIMBERLIANNE PODLAS RICHARD NAHAS APPELLATE DIVISION CONVICTION GUILTY PLEA IMPOSITION SINCE-AMENDED CPL EXTANT PENAL LAW DISCRETION FAILURE NISI PRIUS CHIEF JUDGE KAYE JUDGES TITONE BELLACOSA SMITH LEVINE CIPARICK WESLEY CONCUR |
THE PEOPLE &C., RESPONDENT, v. GEORGE SHAW, APPELLANT.
90 N.Y.2d 879, 684 N.E.2d 273, 661 N.Y.S.2d 824 (1997).
July 2, 1997
1 No. 145 (1997 NY Int. 141)
Decided July 2, 1997
_________________________________________________________________
This memorandum is uncorrected and subject to revision before
publication in the New York Reports.
Kimberlianne Podlas, for appellant.
Richard Nahas, for respondent.
MEMORANDUM:
The order of the Appellate Division should be affirmed.
That court affirmed a judgment of conviction on a guilty plea and a
Judge of this Court granted leave to appeal. The only issue relates to
the imposition, expressly, in the judgment of the statutory surcharge
applicable under since-amended CPL 420.35(2) and still extant Penal
Law §60.35(1). The record demonstrates that defendant's argument, that
the trial court failed or even improperly exercised any discretion it
may have had, is unpreserved for failure to be raised at nisi prius.
* * * * * * * * * * * * * * * * *
Order affirmed, in a memorandum. Chief Judge Kaye and Judges Titone,
Bellacosa, Smith, Levine, Ciparick and Wesley concur.
Decided July 2, 1997
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