People v. Anonymous

Appellate Division of the Supreme Court of New York

People v. Anonymous

293 A.D.2d 374, 740 N.Y.S.2d 212, 2002 N.Y. App. Div. LEXIS 4002

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

DecidedApril 23, 2002

StatusPublished

Cited by3 cases

This text of 293 A.D.2d 374 (People v. Anonymous) 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. Anonymous, 293 A.D.2d 374, 740 N.Y.S.2d 212, 2002 N.Y. App. Div. LEXIS 4002 (N.Y. Ct. App. 2002).

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Opinion

—Judgment, Supreme Court, New York County (Charles Solomon, J.), rendered October 31, 2000, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of IIV2 years, unanimously affirmed.

Defendant’s claim that the court considered an improper factor in imposing sentence requires preservation (see, People v Harrison, 82 NY2d 693), and we decline to review this unpreserved claim in the interest of justice. Were we to review this claim, we would find that the record fails to support defendant’s contention that his perjury before the grand jury in the instant case was one of the factors considered by the court in imposing sentence. In any event, even assuming, arguendo, that such perjury was among the factors influencing the sentence, this was appropriate, particularly since the falsity of defendant’s grand jury testimony was conceded at sentencing (see, United States v Grayson, 438 US 41). We perceive no basis for a reduction of sentence. We note that the sentence was well below the maximum sentence defendant could have received pursuant to his plea agreement. Concur—Williams, P.J., Mazzarelli, Saxe, Lerner and Marlow, JJ.

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—Judgment, Supreme Court, New York County (Charles Solomon, J.), rendered October 31, 2000, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of IIV2 years, unanimously affirmed.

Defendant’s claim that the court considered an improper factor in imposing sentence requires preservation (see, People v Harrison, 82 NY2d 693), and we decline to review this unpreserved claim in the interest of justice. Were we to review this claim, we would find that the record fails to support defendant’s contention that his perjury before the grand jury in the instant case was one of the factors considered by the court in imposing sentence. In any event, even assuming, arguendo, that such perjury was among the factors influencing the sentence, this was appropriate, particularly since the falsity of defendant’s grand jury testimony was conceded at sentencing (see, United States v Grayson, 438 US 41). We perceive no basis for a reduction of sentence. We note that the sentence was well below the maximum sentence defendant could have received pursuant to his plea agreement. Concur—Williams, P.J., Mazzarelli, Saxe, Lerner and Marlow, JJ.

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Bluebook (online)

293 A.D.2d 374, 740 N.Y.S.2d 212, 2002 N.Y. App. Div. LEXIS 4002, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-anonymous-nyappdiv-2002.

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