People v. Baez

Appellate Division of the Supreme Court of New York

People v. Baez

251 A.D.2d 170, 673 N.Y.S.2d 908, 1998 N.Y. App. Div. LEXIS 7286

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

DecidedJune 18, 1998

StatusPublished

This text of 251 A.D.2d 170 (People v. Baez) 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. Baez, 251 A.D.2d 170, 673 N.Y.S.2d 908, 1998 N.Y. App. Div. LEXIS 7286 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered November 29, 1995, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 3V2 to 7 years, unanimously affirmed.

The court’s instruction on the nature of the jury’s deliberation process was sufficiently balanced and was not coercive (see, People v Alvarez, 86 NY2d 761; People v Ford, 78 NY2d 878).

Defendant’s challenge to the court’s charge on the impact of his prior conviction upon his credibility is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the instruction, as a whole, conveyed the proper standard. Concur — Milonas, J. P., Nardelli, Wallach and Saxe, JJ.

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—Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered November 29, 1995, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 3V2 to 7 years, unanimously affirmed.

The court’s instruction on the nature of the jury’s deliberation process was sufficiently balanced and was not coercive (see, People v Alvarez, 86 NY2d 761; People v Ford, 78 NY2d 878).

Defendant’s challenge to the court’s charge on the impact of his prior conviction upon his credibility is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the instruction, as a whole, conveyed the proper standard. Concur — Milonas, J. P., Nardelli, Wallach and Saxe, JJ.

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Bluebook (online)

251 A.D.2d 170, 673 N.Y.S.2d 908, 1998 N.Y. App. Div. LEXIS 7286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-baez-nyappdiv-1998.

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