People v Miller

People v Miller 2013 NY Slip Op 05839 Decided on September 11, 2013 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on September 11, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
WILLIAM F. MASTRO, J.P.
L. PRISCILLA HALL
PLUMMER E. LOTT
SANDRA L. SGROI, JJ.
2011-11908
(Ind. No. 786/10)

[*1]The People of the State of New York, respondent,

v

Jerrell Miller, appellant. Jerrell Miller, Malone, N.Y., appellant pro se.




Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John
M. Castellano, Ellen C. Abbot, and Andrea Alvarez-Calderon of
counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Aloise, J.), rendered December 15, 2011, convicting him of robbery in the second degree, robbery in the third degree (two counts), and attempted robbery in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the indictment was not jurisdictionally defective, as it cited the applicable statutes and sufficiently tracked the language thereof to give him fair notice of the charges against him (see CPL 200.50[7][a]; People v Cioffi, 105 AD3d 971; People v Smith, 98 AD3d 533).

The defendant's remaining contentions are without merit.
MASTRO, J.P., HALL, LOTT and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court