AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. FREDERICK DOUGLAS GASTON, DEFENDANT-APPELLANT.

Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him of robbery in the first degree (Penal Law § 160.15) following the reversal of his prior judgment of conviction and a retrial ( People v Gaston, 244 A.D.2d 889). Contrary to defendant's contention, County Court properly denied defendant's oral motion for a Wade hearing prior to the retrial ( see, People v. Mezon, 80 N.Y.2d 155, 157). Defendant did not renew the motion in writing, and thus the motion was abandoned ( see, People v. Vigliotti, 270 A.D.2d 904, lv denied 95 N.Y.2d 839; see also, CPL 710.70). Defendant contends that, prior to the first trial, the court erred in failing to rule on his motion for a Wade hearing ( see, CPL 710.40). Assuming, arguendo, that such an alleged error may be raised on an appeal from a conviction after a retrial, we note that defendant proceeded with the first trial without objection and thus "impliedly waived any objection to the failure to comply with CPL 710.40" ( People v. Olds, 269 A.D.2d 849). We reject defendant's further contention that the sentence is illegal because it is more severe than the sentence imposed after the first trial. The court properly stated "the reason for doing so `based upon objective information concerning identifiable conduct on the part of the defendant occurring after the time of the original sentencing proceeding'" ( People v. Rice, 224 A.D.2d 972, lv denied 88 N.Y.2d 883).

Use AI to get other relevant cases.

Comments

PEOPLE v. GASTON
(Dec 27, 2000)