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People v. Betancort

287 A.D.2d 460, 730 N.Y.S.2d 883, 2001 N.Y. App. Div. LEXIS 9211
CourtAppellate Division of the Supreme Court of the State of New York
DecidedOctober 1, 2001
StatusPublished

This text of 287 A.D.2d 460 (People v. Betancort) 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. Betancort, 287 A.D.2d 460, 730 N.Y.S.2d 883, 2001 N.Y. App. Div. LEXIS 9211 (N.Y. Ct. App. 2001).

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered May 27, 1997, convicting him of murder in the second degree and attempted murder in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contentions with respect to the trial court’s charge on attempted murder in the first degree are unpreserved for appellate review (see, CPL 470.05 [2]; People v Thomas, 50 NY2d 467). In any event, the charge, taken in its entirety, conveyed the correct legal standard (see, People v Hernandez, 93 NY2d 261, 272; People v Coleman, 70 NY2d 817).

The defendant waived his right to be present at the sidebar conferences during jury selection (see, People v Peterson, 262 AD2d 502; People v Yeldon, 251 AD2d 1047; see also, People v Spotford, 85 NY2d 593).

[461]*461The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80). O’Brien, J. P., Luciano, Smith and Crane, JJ., concur.

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Related

People v. Hernandez
711 N.E.2d 972 (New York Court of Appeals, 1999)
People v. Spotford
650 N.E.2d 1296 (New York Court of Appeals, 1995)
People v. Coleman
517 N.E.2d 1319 (New York Court of Appeals, 1987)
People v. Thomas
407 N.E.2d 430 (New York Court of Appeals, 1980)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Yeldon
251 A.D.2d 1047 (Appellate Division of the Supreme Court of New York, 1998)
People v. Peterson
262 A.D.2d 502 (Appellate Division of the Supreme Court of New York, 1999)

Cite This Page — Counsel Stack

Bluebook (online)
287 A.D.2d 460, 730 N.Y.S.2d 883, 2001 N.Y. App. Div. LEXIS 9211, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-betancort-nyappdiv-2001.