New York Court of Appeals, 1997

People v. Shaw

New York Court of Appeals · Decided July 2, 1997 · Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley Concur

684 N.E.2d 273; 90 N.Y.2d 879; 661 N.Y.S.2d 824; 1997 N.Y. LEXIS 1399 (North Eastern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

People v. Bond (N.Y. 1997)
People v. Bowman (Appellate Division of the Supreme Court of New York 2023)
People v. Artist (N.Y. 2000)
People v. Montalvo (Appellate Division of the Supreme Court of New York 1998)

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

*880 OPINION OF THE COURT

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.

Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.

Order affirmed in a memorandum.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.