People v. Brand

Appellate Division of the Supreme Court of New York

People v. Brand

233 A.D.2d 929, 649 N.Y.S.2d 874, 1996 N.Y. App. Div. LEXIS 13449

Appellate Division of the Supreme Court of the State of New York·Decided November 8, 1996·Published

Opinion

Judgment unanimously affirmed. Memorandum: The contention that defendant was deprived of a fair trial by prosecutorial misconduct is not preserved for our review (see, CPL 470.05 [2]), and we decline to exercise our power to address it as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). County Court did not abuse its discretion in denying defendant youthful offender status (see, People v Ortega, 114 AD2d 912, Iv denied 67 NY2d 887), and the sentence imposed is not unduly harsh or severe. (Appeal from Judgment of Erie County Court, McCarthy, J.— Manslaughter, 2nd Degree.) Present—Green, J. P., Pine, Callahan, Doerr and Davis, JJ.

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Judgment unanimously affirmed. Memorandum: The contention that defendant was deprived of a fair trial by prosecutorial misconduct is not preserved for our review (see, CPL 470.05 [2]), and we decline to exercise our power to address it as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). County Court did not abuse its discretion in denying defendant youthful offender status (see, People v Ortega, 114 AD2d 912, Iv denied 67 NY2d 887), and the sentence imposed is not unduly harsh or severe. (Appeal from Judgment of Erie County Court, McCarthy, J.— Manslaughter, 2nd Degree.) Present—Green, J. P., Pine, Callahan, Doerr and Davis, JJ.

People v. Brand, 233 A.D.2d 929, 649 N.Y.S.2d 874, 1996 N.Y. App. Div. LEXIS 13449 (N.Y. Ct. App. 1996).

Pincite

233 A.D.2d 929 (People v. Brand) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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