PEOPLE v. GIBBS


12 A.D.3d 710 (2004)

783 N.Y.S.2d 476

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRIAN GIBBS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 4, 2004.


Kane, J.

Upon pleading guilty to attempted promoting prison contraband in the first degree, defendant was sentenced as a second felony offender to a prison term of 1 1/2 to 3 years, to run consecutive to the sentence he was then serving. Defendant appeals and we affirm. As defendant was not arraigned "in a local criminal court upon a currently undisposed of felony complaint" charging the subject offense (CPL 190.50 [5] [a]), the People had no duty to inform him of...

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