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People v. Aponte

236 A.D.2d 617, 654 N.Y.S.2d 668, 1997 N.Y. App. Div. LEXIS 1496
CourtAppellate Division of the Supreme Court of the State of New York
DecidedFebruary 24, 1997
StatusPublished

This text of 236 A.D.2d 617 (People v. Aponte) 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. Aponte, 236 A.D.2d 617, 654 N.Y.S.2d 668, 1997 N.Y. App. Div. LEXIS 1496 (N.Y. Ct. App. 1997).

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered March 6, 1995, convicting him of reckless endangerment in the first degree and arson in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant has not preserved for appellate review his contention that the court’s examination of witnesses during the trial denied him a fair trial (see, CPL 470.05 [2]; People v Charleston, 56 NY2d 886; People v Gonzalez, 183 AD2d 783). In any event, this assertion lacks merit inasmuch as the court participated evenhandedly in the proceedings in order to clarify issues and facilitate the expeditious and orderly progress of the trial (see, People v Jamison, 47 NY2d 882; People v Moulton, 43 NY2d 944; People v De Jesus, 42 NY2d 519; People v Coby, 213 AD2d 662; People v Vargas, 150 AD2d 513; see also, People v Gonzalez, 228 AD2d 340; People v Jordan, 138 AD2d 407).

The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80). Miller, J. P., Sullivan, Florio and Luciano, JJ., concur.

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Related

People v. De Jesus
369 N.E.2d 752 (New York Court of Appeals, 1977)
People v. Moulton
374 N.E.2d 1243 (New York Court of Appeals, 1978)
People v. Jamison
393 N.E.2d 467 (New York Court of Appeals, 1979)
People v. Charleston
438 N.E.2d 1114 (New York Court of Appeals, 1982)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Jordan
138 A.D.2d 407 (Appellate Division of the Supreme Court of New York, 1988)
People v. Vargas
150 A.D.2d 513 (Appellate Division of the Supreme Court of New York, 1989)
People v. Gonzalez
183 A.D.2d 783 (Appellate Division of the Supreme Court of New York, 1992)
People v. Coby
213 A.D.2d 662 (Appellate Division of the Supreme Court of New York, 1995)
People v. Gonzalez
228 A.D.2d 340 (Appellate Division of the Supreme Court of New York, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
236 A.D.2d 617, 654 N.Y.S.2d 668, 1997 N.Y. App. Div. LEXIS 1496, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-aponte-nyappdiv-1997.