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The People of the State of New York, Respondent v. Michael J. Wells

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department


March 16, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
MICHAEL J. WELLS, ALSO KNOWN AS MICHAEL WELLS, DEFENDANT-APPELLANT.

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered December 9, 2009.

People v Wells

Appellate Division, Fourth 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 March 16, 2012

PRESENT: SCUDDER, P.J., CENTRA, PERADOTTO, LINDLEY, AND MARTOCHE, JJ.

The judgment convicted defendant, upon his plea of guilty, of robbery in the first degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of robbery in the first degree (Penal Law § 160.15 [4]), defendant contends that we should have granted his pretrial motion to change venue, which was previously before us pursuant to CPL 230.20 (2). Our prior decision denying that motion, which is unpublished, constitutes the law of the case (see People v Scalercio, 10 AD3d 697, lv denied 3 NY3d 742; People v Knapp, 113 AD2d 154, 158, cert denied 479 US 844), and defendant has made no showing that it "was based on manifest error, or that exceptional circumstances" warrant reconsideration of his motion (Scalercio, 10 AD3d at 697). The sentence is not unduly harsh or severe.

Entered: March 16, 2012

Frances E. Cafarell Clerk of the Court

20120316

© 1992-2012 VersusLaw Inc.



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