People v. Bonilla

Appellate Division of the Supreme Court of New York

People v. Bonilla

301 A.D.2d 386, 752 N.Y.S.2d 857, 2003 N.Y. App. Div. LEXIS 119

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

DecidedJanuary 9, 2003

StatusPublished

This text of 301 A.D.2d 386 (People v. Bonilla) 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. Bonilla, 301 A.D.2d 386, 752 N.Y.S.2d 857, 2003 N.Y. App. Div. LEXIS 119 (N.Y. Ct. App. 2003).

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Opinion

—Judgment, Supreme Court, Bronx County (Megan Tallmer, J.), rendered June 27, 2000, convicting defendant, after a jury trial, of possession of a stolen vehicle and criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, unanimously modified, on the law, to the extent of reducing defendant’s sentence for possession of a stolen vehicle to lVs to 4 years, and otherwise affirmed.

Defendant’s challenges to the People’s summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the challenged remarks constituted fair comment on the evidence, and reasonable inferences to be drawn therefrom, in response to defense arguments, and did not deprive defendant of a fair trial (see People v Overlee, 236 AD2d 133, lv denied 91 NY2d 976; People v D’Alessandro, 184 AD2d 114, 118-119, lv denied 81 NY2d 884). The prosecutor did not express personal opinions on the evidence or attempt to shift the burden of proof.

The People concede the illegality of defendant’s sentence on [387]*387his conviction for possession of a stolen vehicle pursuant to Vehicle and Traffic Law § 426. A person who stands convicted of a felony defined in the Vehicle and Traffic Law may not be sentenced as a second felony offender (People v Shannon, 89 NY2d 1000; People v Clearwater, 98 AD2d 912, 913). Concur— Buckley, J.P., Ellerin, Lerner, Friedman and Marlow, JJ.

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—Judgment, Supreme Court, Bronx County (Megan Tallmer, J.), rendered June 27, 2000, convicting defendant, after a jury trial, of possession of a stolen vehicle and criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, unanimously modified, on the law, to the extent of reducing defendant’s sentence for possession of a stolen vehicle to lVs to 4 years, and otherwise affirmed.

Defendant’s challenges to the People’s summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the challenged remarks constituted fair comment on the evidence, and reasonable inferences to be drawn therefrom, in response to defense arguments, and did not deprive defendant of a fair trial (see People v Overlee, 236 AD2d 133, lv denied 91 NY2d 976; People v D’Alessandro, 184 AD2d 114, 118-119, lv denied 81 NY2d 884). The prosecutor did not express personal opinions on the evidence or attempt to shift the burden of proof.

The People concede the illegality of defendant’s sentence on [387]*387his conviction for possession of a stolen vehicle pursuant to Vehicle and Traffic Law § 426. A person who stands convicted of a felony defined in the Vehicle and Traffic Law may not be sentenced as a second felony offender (People v Shannon, 89 NY2d 1000; People v Clearwater, 98 AD2d 912, 913). Concur— Buckley, J.P., Ellerin, Lerner, Friedman and Marlow, JJ.

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Bluebook (online)

301 A.D.2d 386, 752 N.Y.S.2d 857, 2003 N.Y. App. Div. LEXIS 119, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bonilla-nyappdiv-2003.

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