People v. Ellis

Appellate Division of the Supreme Court of New York

People v. Ellis

224 A.D.2d 308, 638 N.Y.S.2d 438, 1996 N.Y. App. Div. LEXIS 1252

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

DecidedFebruary 20, 1996

StatusPublished

This text of 224 A.D.2d 308 (People v. Ellis) 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. Ellis, 224 A.D.2d 308, 638 N.Y.S.2d 438, 1996 N.Y. App. Div. LEXIS 1252 (N.Y. Ct. App. 1996).

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Opinion

—Judgment, Supreme Court, New York County (Richard Andrias, J.), rendered October 27, 1993, convicting defendant, after a jury trial, of attempted robbery in the first degree, attempted robbery in the second degree, criminal possession of a weapon in the third degree and assault in the second degree (two counts), and sentencing him, as a second felony offender, to concurrent terms of 7 to 14 years and 3 to 6 years (four times), respectively, unanimously affirmed.

The court’s explanation to the jury that it was submitting lesser included offenses because there was "sufficient evidence to warrant it” was unnecessary, but did not convey that the court believed defendant was guilty of those crimes because in the very same portion of the charge it specifically told the jury otherwise (compare, People v Singleton, 64 AD2d 530).

We perceive no abuse of sentencing discretion, and defendant’s other challenges to the sentence are without merit. Concur — Milonas, J. P., Rosenberger, Rubin, Kupferman and Mazzarelli, JJ.

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—Judgment, Supreme Court, New York County (Richard Andrias, J.), rendered October 27, 1993, convicting defendant, after a jury trial, of attempted robbery in the first degree, attempted robbery in the second degree, criminal possession of a weapon in the third degree and assault in the second degree (two counts), and sentencing him, as a second felony offender, to concurrent terms of 7 to 14 years and 3 to 6 years (four times), respectively, unanimously affirmed.

The court’s explanation to the jury that it was submitting lesser included offenses because there was "sufficient evidence to warrant it” was unnecessary, but did not convey that the court believed defendant was guilty of those crimes because in the very same portion of the charge it specifically told the jury otherwise (compare, People v Singleton, 64 AD2d 530).

We perceive no abuse of sentencing discretion, and defendant’s other challenges to the sentence are without merit. Concur — Milonas, J. P., Rosenberger, Rubin, Kupferman and Mazzarelli, JJ.

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Bluebook (online)

224 A.D.2d 308, 638 N.Y.S.2d 438, 1996 N.Y. App. Div. LEXIS 1252, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ellis-nyappdiv-1996.

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