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People v. Berkoviz

292 A.D.2d 539, 739 N.Y.S.2d 583, 2002 N.Y. App. Div. LEXIS 2963
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 18, 2002
StatusPublished

This text of 292 A.D.2d 539 (People v. Berkoviz) 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. Berkoviz, 292 A.D.2d 539, 739 N.Y.S.2d 583, 2002 N.Y. App. Div. LEXIS 2963 (N.Y. Ct. App. 2002).

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leach, J.), rendered March 5, 1997, convicting him of sodomy in the first degree (two counts), sexual abuse in the first degree (two counts), incest, and endangering the welfare of a child (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

Additionally, the trial court providently exercised its discretion in denying the defendant’s request for an adjournment. The determination whether to grant a continuance is ordinarily committed to the sound discretion of the trial court (see, Matter of Anthony M., 63 NY2d 270, 283; People v Singleton, 41 NY2d 402, 405; cf., People v Spears, 64 NY2d 698, 699).

The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contention is without merit. Ritter, J.P., O’Brien, Crane and Cozier, JJ., concur.

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Related

BROWN BROS. v. Beam Constr.
361 N.E.2d 999 (New York Court of Appeals, 1977)
People v. Cable
471 N.E.2d 447 (New York Court of Appeals, 1984)
People v. Spears
474 N.E.2d 1189 (New York Court of Appeals, 1984)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)

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Bluebook (online)
292 A.D.2d 539, 739 N.Y.S.2d 583, 2002 N.Y. App. Div. LEXIS 2963, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-berkoviz-nyappdiv-2002.