People v. Serrano
Cases that cite this one
8 later published cases cite this decision.
- People v. Rogers (Appellate Division of the Supreme Court of New York 2017)
- People v. Moore (Appellate Division of the Supreme Court of New York 2022)
- People v. Dalton (Appellate Division of the Supreme Court of New York 2018)
- People v. McManus (Appellate Division of the Supreme Court of New York 2017)
- People v. McManus (Appellate Division of the Supreme Court of New York 2017)
- People v. McManus (Appellate Division of the Supreme Court of New York 2017)
- People v. Quinn (Appellate Division of the Supreme Court of New York 2015)
- People v. Roberts (Appellate Division of the Supreme Court of New York 2015)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Nassau County (O’Brien, J.), rendered September 25, 2009, convicting him of criminal sale of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, the County Court did not improvidently exercise its discretion in failing to issue a certificate of relief from disabilities. Although, as the County Court correctly determined, the defendant was an “eligible offender” within the meaning of Correction Law § 701 (1) (see Correction Law § 700 [1] [a]), the defendant did not satisfy the further statutory requirements for the issuance of such a certificate by a court. Specifically, under Correction Law § 702 (1), the County Court was not authorized to issue a certificate of relief from disabilities, since the sentence imposed was not a revocable sentence (see Correction Law § 700 [1] [e]), and the defendant was committed to the custody of the Department of Correctional Services. Moreover, the defendant’s trial counsel did not render ineffective assistance by failing to request a certificate of relief from disabilities at the sentencing proceeding, since, for the reasons stated above, such a request had no chance of success (see People v Goddard, 72 AD3d 839, 840 [2010]). Prudenti, P.J., Rivera, Lott and Miller, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.