People v. Berliner

Appellate Division of the Supreme Court of New York

People v. Berliner

168 A.D.2d 739, 565 N.Y.S.2d 735, 1990 N.Y. App. Div. LEXIS 15240

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

DecidedDecember 13, 1990

StatusPublished

Cited by2 cases

This text of 168 A.D.2d 739 (People v. Berliner) 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. Berliner, 168 A.D.2d 739, 565 N.Y.S.2d 735, 1990 N.Y. App. Div. LEXIS 15240 (N.Y. Ct. App. 1990).

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Opinion

Appeal from a judgment of the County Court of Saratoga County (Williams, J.), rendered May 7, 1987, which resentenced defendant following his conviction of the crime of manslaughter in the first degree.

The only issue properly before us on this appeal is the propriety of defendant’s resentence on his first degree manslaughter conviction. However, defendant concededly has no problem with his resentence for that crime and, instead, is [740]*740complaining about County Court’s failure to resentence him on several other counts to which he pleaded guilty. These issues were raised before County Court and decided against defendant in the context of a CPL 440.20 motion. Defendant never sought to appeal County Court’s adverse ruling and we see no reason to disturb it now.

Judgment affirmed. Casey, J. P., Mikoll, Yesawich, Jr., Levine and Harvey, JJ., concur.

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Appeal from a judgment of the County Court of Saratoga County (Williams, J.), rendered May 7, 1987, which resentenced defendant following his conviction of the crime of manslaughter in the first degree.

The only issue properly before us on this appeal is the propriety of defendant’s resentence on his first degree manslaughter conviction. However, defendant concededly has no problem with his resentence for that crime and, instead, is [740]*740complaining about County Court’s failure to resentence him on several other counts to which he pleaded guilty. These issues were raised before County Court and decided against defendant in the context of a CPL 440.20 motion. Defendant never sought to appeal County Court’s adverse ruling and we see no reason to disturb it now.

Judgment affirmed. Casey, J. P., Mikoll, Yesawich, Jr., Levine and Harvey, JJ., concur.

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Bluebook (online)

168 A.D.2d 739, 565 N.Y.S.2d 735, 1990 N.Y. App. Div. LEXIS 15240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-berliner-nyappdiv-1990.

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