People v. Cochrane

Appellate Division of the Supreme Court of New York

People v. Cochrane

248 A.D.2d 396, 669 N.Y.S.2d 833, 1998 N.Y. App. Div. LEXIS 2030

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

DecidedMarch 2, 1998

StatusPublished

Cited by4 cases

This text of 248 A.D.2d 396 (People v. Cochrane) 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. Cochrane, 248 A.D.2d 396, 669 N.Y.S.2d 833, 1998 N.Y. App. Div. LEXIS 2030 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.), rendered February 18, 1997, convicting him of attempted murder in the second degree (four counts), criminal possession of a weapon in the second degree, and assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Although the court deviated from CPL 300.10 (2) when it twice instructed the jury with respect to the defendant’s failure to testify, this did not constitute reversible error. The charge in substance was consistent with the intent of the statute, was not so lengthy as to prejudicially draw the jury’s attention to this issue, and did not imply that the defendant’s failure to testify was a tactical maneuver rather than an exercise of his constitutional right (see, People v Odome, 192 AD2d 725, 726; People v Williams, 188 AD2d 573, 574).

Under the circumstances, the defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are either unpreserved for appellate review, without merit, or do not require reversal.

Thompson, J. P., Pizzuto, Joy and Altman, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.), rendered February 18, 1997, convicting him of attempted murder in the second degree (four counts), criminal possession of a weapon in the second degree, and assault in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Although the court deviated from CPL 300.10 (2) when it twice instructed the jury with respect to the defendant’s failure to testify, this did not constitute reversible error. The charge in substance was consistent with the intent of the statute, was not so lengthy as to prejudicially draw the jury’s attention to this issue, and did not imply that the defendant’s failure to testify was a tactical maneuver rather than an exercise of his constitutional right (see, People v Odome, 192 AD2d 725, 726; People v Williams, 188 AD2d 573, 574).

Under the circumstances, the defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are either unpreserved for appellate review, without merit, or do not require reversal.

Thompson, J. P., Pizzuto, Joy and Altman, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

248 A.D.2d 396, 669 N.Y.S.2d 833, 1998 N.Y. App. Div. LEXIS 2030, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cochrane-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack