People v. Corey

Appellate Division of the Supreme Court of New York

People v. Corey

267 A.D.2d 45, 699 N.Y.S.2d 672, 1999 N.Y. App. Div. LEXIS 12672

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

DecidedDecember 7, 1999

StatusPublished

This text of 267 A.D.2d 45 (People v. Corey) 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. Corey, 267 A.D.2d 45, 699 N.Y.S.2d 672, 1999 N.Y. App. Div. LEXIS 12672 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered January 19, 1994, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 15 years to life, and judgment, same court (Carol Berkman, J.), rendered November 20, 1996, convicting defendant, upon his plea of guilty, of burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a concurrent term of 16 years to life, unanimously affirmed.

Defendant’s challenge to the court’s use of “or remained” language (see, People v Gaines, 74 NY2d 358, 363) in its burglary charge is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that, under the facts presented, there was no possibility that the jury was misled by the erroneous use of the phrase “entered or remained” (see, People v Ray, 254 AD2d 189, lv denied 92 NY2d 985). Concur — Lerner, J. P., Saxe, Buckley and Friedman, JJ.

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

—Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered January 19, 1994, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 15 years to life, and judgment, same court (Carol Berkman, J.), rendered November 20, 1996, convicting defendant, upon his plea of guilty, of burglary in the second degree, and sentencing him, as a persistent violent felony offender, to a concurrent term of 16 years to life, unanimously affirmed.

Defendant’s challenge to the court’s use of “or remained” language (see, People v Gaines, 74 NY2d 358, 363) in its burglary charge is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that, under the facts presented, there was no possibility that the jury was misled by the erroneous use of the phrase “entered or remained” (see, People v Ray, 254 AD2d 189, lv denied 92 NY2d 985). Concur — Lerner, J. P., Saxe, Buckley and Friedman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

267 A.D.2d 45, 699 N.Y.S.2d 672, 1999 N.Y. App. Div. LEXIS 12672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-corey-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack