People v. Alpheaus

Appellate Division of the Supreme Court of New York

People v. Alpheaus

207 A.D.2d 1002, 617 N.Y.S.2d 691, 1994 N.Y. App. Div. LEXIS 10232

CourtAppellate Division of the Supreme Court of the State of New York

DecidedSeptember 30, 1994

StatusPublished

Cited by1 cases

This text of 207 A.D.2d 1002 (People v. Alpheaus) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Alpheaus, 207 A.D.2d 1002, 617 N.Y.S.2d 691, 1994 N.Y. App. Div. LEXIS 10232 (N.Y. Ct. App. 1994).

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Opinion

—Judgment unanimously affirmed. Memorandum: The jury’s verdict convicting defendant of assault in the first degree (Penal Law § 120.10 [1]) is not contrary to the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). Defendant failed to preserve for review her contentions that the trial court erred in failing to instruct the jury on the defense of justification (see, CPL 470.05 [2]; People v Harrell, 59 NY2d 620, 622) and in submitting the verdict sheet to the jury (see, People v Marinescu, 175 AD2d 141; People v Ahalt, 170 AD2d 982, lv denied 78 NY2d 953). We decline to review those issues as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]; People v Ahalt, supra). Finally, the sentence is not unduly harsh or excessive. (Appeal from Judgment of Oneida County Court, Buckley, J.—Assault, 1st Degree.) Present— Green, J. P., Balio, Fallon, Doerr and Boehm, JJ.

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—Judgment unanimously affirmed. Memorandum: The jury’s verdict convicting defendant of assault in the first degree (Penal Law § 120.10 [1]) is not contrary to the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). Defendant failed to preserve for review her contentions that the trial court erred in failing to instruct the jury on the defense of justification (see, CPL 470.05 [2]; People v Harrell, 59 NY2d 620, 622) and in submitting the verdict sheet to the jury (see, People v Marinescu, 175 AD2d 141; People v Ahalt, 170 AD2d 982, lv denied 78 NY2d 953). We decline to review those issues as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]; People v Ahalt, supra). Finally, the sentence is not unduly harsh or excessive. (Appeal from Judgment of Oneida County Court, Buckley, J.—Assault, 1st Degree.) Present— Green, J. P., Balio, Fallon, Doerr and Boehm, JJ.

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Bluebook (online)

207 A.D.2d 1002, 617 N.Y.S.2d 691, 1994 N.Y. App. Div. LEXIS 10232, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-alpheaus-nyappdiv-1994.

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