People v. Day

Appellate Division of the Supreme Court of New York

People v. Day

198 A.D.2d 145, 604 N.Y.S.2d 735, 1993 N.Y. App. Div. LEXIS 10826

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

DecidedNovember 18, 1993

StatusPublished

This text of 198 A.D.2d 145 (People v. Day) 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. Day, 198 A.D.2d 145, 604 N.Y.S.2d 735, 1993 N.Y. App. Div. LEXIS 10826 (N.Y. Ct. App. 1993).

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Opinion

—Judgment, Supreme Court, New York County (James Leff, J.), rendered July 1, 1987, convicting defendant, after a jury trial, of attempted rape in the first degree, sodomy in the first degree (two counts), sexual abuse in the first degree (two counts), robbery in the first degree (two counts) and robbery in the second degree, and sentencing him to a term of 5 to 15 years on one of the first degree robbery counts to run consecutively to concurrent terms of 8 to 24 years on the sodomy counts and lesser concurrent terms on the remaining counts, unanimously affirmed.

Defendant’s argument that he was deprived of a fair trial by prosecutorial misconduct is for the most part not preserved for appellate review as a matter of law (CPL 470.5 [2]; People v Balls, 69 NY2d 641; People v Medina, 53 NY2d 951), and in any event without merit in view of the overwhelming evidence of defendant’s guilt. We perceive no abuse of discretion in the sentence. Concur — Wallach, J. P., Kupferman, Ross, Kassal and Nardelli, JJ.

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—Judgment, Supreme Court, New York County (James Leff, J.), rendered July 1, 1987, convicting defendant, after a jury trial, of attempted rape in the first degree, sodomy in the first degree (two counts), sexual abuse in the first degree (two counts), robbery in the first degree (two counts) and robbery in the second degree, and sentencing him to a term of 5 to 15 years on one of the first degree robbery counts to run consecutively to concurrent terms of 8 to 24 years on the sodomy counts and lesser concurrent terms on the remaining counts, unanimously affirmed.

Defendant’s argument that he was deprived of a fair trial by prosecutorial misconduct is for the most part not preserved for appellate review as a matter of law (CPL 470.5 [2]; People v Balls, 69 NY2d 641; People v Medina, 53 NY2d 951), and in any event without merit in view of the overwhelming evidence of defendant’s guilt. We perceive no abuse of discretion in the sentence. Concur — Wallach, J. P., Kupferman, Ross, Kassal and Nardelli, JJ.

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Bluebook (online)

198 A.D.2d 145, 604 N.Y.S.2d 735, 1993 N.Y. App. Div. LEXIS 10826, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-day-nyappdiv-1993.

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