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People v. Kiene

Appellate Division of the Supreme Court of New York, Second Department
Mar 22, 1999
259 A.D.2d 711 (N.Y. App. Div. 1999)

Opinion

March 22, 1999

Appeal from the County Court, Dutchess County (Dolan, J.).


Ordered that the purported appeal from the amended judgment rendered under Superior Court Information No. 80/96 is dismissed, as no appeal was ever taken from that amended judgment; and it is further,

Ordered that the amended judgment rendered under Indictment No. 37/96 is affirmed.

On October 25, 1996, amended judgments were rendered against the defendant under Indictment No. 37/96 and Superior Court Information No. 80/96. The defendant's notice of appeal, dated November 13, 1996, refers solely to the amended judgment under Indictment No. 37/96. Consequently, the purported appeal from the amended judgment rendered against the defendant under Superior Court Information No. 80/96 is dismissed.

The issues raised in the defendant's brief, which only pertain to the amended judgment rendered under Superior Court Information No. 80/96, are not properly before this Court on the appeal from the amended judgment rendered under Indictment No. 37/96. In any event, the court's certification of the defendant as a sex offender pursuant to New York's "Megan's Law" (Correction Law § 168-d) would not be reviewable on an appeal from the amended judgment rendered under Superior Court Information No. 80/96, even if such an appeal had been timely taken (see, People v. Hernandez, 250 A.D.2d 704; see also, People v. Stevens, 235 A.D.2d 440, affd 91 N.Y.2d 270).

Bracken, J. P., Ritter, Santucci and Altman, JJ., concur.


Summaries of

People v. Kiene

Appellate Division of the Supreme Court of New York, Second Department
Mar 22, 1999
259 A.D.2d 711 (N.Y. App. Div. 1999)
Case details for

People v. Kiene

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID V. KIENE…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 22, 1999

Citations

259 A.D.2d 711 (N.Y. App. Div. 1999)
685 N.Y.S.2d 623