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People v. Miller

Supreme Court of New York, Second Department

September 11, 2013

The People of the State of New York, respondent,
v.
Jerrell Miller, appellant. Ind. No. 786/10

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.

WILLIAM F. MASTRO, J.P., L. PRISCILLA HALL, PLUMMER E. LOTT, SANDRA L. SGROI, JJ.

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 A.D.3d 971; People v Smith, 98 A.D.3d 533).

The defendant's remaining contentions are without merit.

MASTRO, J.P., HALL, LOTT and SGROI, JJ., concur.


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