THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v LAMON CRUMPLER, Appellant
Appellate Division of the Supreme Court of the State of New York, Fourth Department
894 N.Y.S.2d 303 | 68 A.D.3d 1396
With respect to the merits, we agree with defendant that the court erred in delegating its responsibility to conduct a restitution hearing to its court attorney for the same reason as that set forth in our decision in People v Bunnell (59 AD3d 942 [2009], amended on rearg 63 AD3d 1671 [2009], amended 63 AD3d 1727 [2009]). Although defendant failed to preserve his contention for our review, “preservation is not required inasmuch as the essential nature of the right to be sentenced as provided by law is implicated” (People v Weber [appeal No. 2], 64 AD3d 1185, 1186 [2009] [internal quotation marks omitted]; see Bunnell, 59 AD3d 942 [2009]). We therefore modify the order by vacating the amount of restitution ordered, and we remit the matter to County Court for a new hearing to determine the amount of restitution in compliance with
Present—Smith, J.P., Peradotto, Lindley, Green and Gorski, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of assault in the second degree (
Defendant further contends that the integrity of the grand jury proceeding was impaired when he appeared before the grand jury in jail clothing, and thus that the court also erred in refusing to dismiss the indictment on that ground. Although that contention survives the guilty plea (see People v Gilmore, 12 AD3d 1155 [2004]), we conclude that it lacks merit. “[T]he prosecutor‘s cautionary instructions to the grand jurors dispelled any possible prejudice to defendant” (People v Pennick, 2 AD3d 1427, 1428 [2003], lv denied 1 NY3d 632 [2004]; see Gilmore, 12 AD3d at 1155). We note in any event that, after objecting to his appearance before the grand jury in jail clothing, defendant was afforded the opportunity to testify before the grand jury in street clothing but chose not to do so. Finally, the sentence is not unduly harsh or severe.
Present—Smith, J.P., Peradotto, Lindley, Green and Gorski, JJ.
Smith, J.P., Peradotto, Lindley, Green and Gorski, JJ.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v LAMON CRUMPLER, Appellant
Appellate Division of the Supreme Court of New York, Fourth Department
68 A.D.3d 1397, 894 N.Y.S.2d 303
2009
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v LAMON CRUMPLER, Appellant
Appellate Division of the Supreme Court of New York, Fourth Department
894 N.Y.S.2d 303
2009
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of assault in the second degree (
Defendant further contends that the integrity of the grand jury proceeding was impaired when he appeared before the grand jury in jail clothing, and thus that the court also erred in refusing to dismiss the indictment on that ground. Although that contention survives the guilty plea (see People v Gilmore, 12 AD3d 1155 [2004]), we conclude that it lacks merit. “[T]he prosecutor‘s cautionary instructions to the grand jurors dispelled any possible prejudice to defendant” (People v Pennick, 2 AD3d 1427, 1428 [2003], lv denied 1 NY3d 632 [2004]; see Gilmore, 12 AD3d at 1155). We note in any event that, after objecting to his appearance before the grand jury in jail clothing, defendant was afforded the opportunity to testify before the grand jury in street clothing but chose not to do so. Finally, the sentence is not unduly harsh or severe.
Present—Smith, J.P., Peradotto, Lindley, Green and Gorski, JJ.
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v LAMON CRUMPLER, Appellant
One detail: “In the Matter of DYLAN G.” Since I‘m only doing Crumpler, I stop before Dylan G. Wait, is the grand larceny case on 1396 a full case? It starts “It is hereby ordered that the order so appealed from is unanimously modified...“. Then “Defendant was convicted...“. Then ends with “Present—Smith...“. This is a complete memorandum. It‘s just that the caption is probably on page 1395. However, Crumpler‘s caption is on 1396. So Crumpler is the first one with a caption. Wait, “THE PEOPLE OF THE STATE OF NEW YORK... Lamon Crumpler...” The text “The People of the State of New York, Respondent, v Lamon Crumpler, Appellant. [894 NYS2d 303]—” is at the bottom of 1396. Then the summary starts on 1397. So 1396 is essentially the caption page for the Crumpler case. Wait, checking the OCR for 1396 again. The caption for Crumpler is the LAST entry on the page. The text above it belongs to the previous case. So Crumpler starts at the very end of 1396. I‘ll start Crumpler‘s HTML with the case info, then midpage-ps 1396, then the caption, then midpage-ps 1397. One more thing: The larceny case on 1396 has no visible caption in the provided images. If I can‘t see the caption, I can‘t name the case properly in the details. I will follow the instruction: “Skip partial content from a previous case that appears at the beginning of the document.” Actually, wait. Is the case on 1396 “The People... v Lamon Crumpler“? Let‘s check the text of 1396. “Defendant was convicted... grand larceny... Genesee County Court...” “remitted to Genesee County Court for a new hearing...” Let‘s check the Crumpler text on 1397. “Appeal from a judgment of the Niagara County Court... assault...” These are definitely two different cases. So Crumpler is the second case in the PDF. Okay, let‘s proceed with Crumpler. Wait, looking at OCR page 1: “The People of the State of New York, Respondent, v Lamon Crumpler, Appellant. [894NYS2d303]—” Note the dash “—” at the end. This marks the start of the opinion. One thing: The prompt says “Include ALL content before the main opinion text“. The “Appeal from a judgment...” is procedural summary, usually part of the opinion block in these reports. Final check on Penal Law cite. “Penal Law § 155.30 [1]” in the first case. “Penal Law § 120.05 [2]” in Crumpler. I will use jurisdiction=“NY” and cite=“N.Y. Penal Law § 120.05“. One detail: “People v Weber [appeal No. 2]” This is in the first case, which I‘m skipping. Let‘s do the Crumpler case. Wait, if I am an expert legal document formatter, should I try to figure out the first case‘s name? Instructions: “Skip partial content from a previous case that appears at the beginning of the document.” Since the first case‘s caption is not in the image, it‘s partial. Wait, I just noticed the text for the first case: “It is hereby ordered that the order so appealed from is unanimously modified on the law by vacating the amount of restitution ordered... remitted to Genesee County Court...” If I check 894 NYS2d 303, does it point to the larceny case? Actually, the text “The People... v Lamon Crumpler, Appellant. [894 NYS2d 303]—” is the caption for the case BELOW it. Usually, the citation in brackets is for the case it follows or the one it labels. In NY Reports (App Div), the citation in brackets usually follows the case name. And the dash “—” usually leads into the body. So the case [894 NYS2d 303] is definitely Crumpler. Wait, I just noticed something in OCR for page 1: “The People of the State of New York, Respondent, v Lamon Crumpler, Appellant. [894NYS2d303]—” Is this on the bottom of page 1396 or top of 1397? Image 1 (1396) shows it at the bottom. Image 2 (1397) shows the body of Crumpler. So Crumpler starts at bottom of 1396. Ready. One formatting check: “Present—Smith, J.P., Peradotto, Lindley, Green and Gorski, JJ.” This appears on both pages. One for the larceny case, one for Crumpler. I will only include the one for Crumpler. Wait, the signature block code: ```htmlJOHN A. ROSS
UNITED STATES DISTRICT JUDGE
Present—Smith, J.P., Peradotto, Lindley, Green and Gorski, JJ.
