People v. Farris

Appellate Division of the Supreme Court of New York

People v. Farris

263 A.D.2d 402, 691 N.Y.S.2d 776, 1999 N.Y. App. Div. LEXIS 8233

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

DecidedJuly 22, 1999

StatusPublished

This text of 263 A.D.2d 402 (People v. Farris) 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. Farris, 263 A.D.2d 402, 691 N.Y.S.2d 776, 1999 N.Y. App. Div. LEXIS 8233 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, New York County (Colleen McMahon, J.), rendered March 24, 1997, convicting defendant, after a jury trial, of robbery in the second degree and resisting arrest, and sentencing him, as a persistent violent felony offender, to concurrent terms of 22 years to life and 1 year, respectively, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence on the robbery in the second degree conviction to a term of 20 years to life, and otherwise affirmed.

Defendant’s challenge to the court’s charge on reasonable doubt is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the charge, viewed as a whole, conveyed the proper standards (see, People v Cubino, 88 NY2d 998).

We find the sentence excessive to the extent indicated. Concur — Ellerin, P. J., Wallach, Lerner and Friedman, JJ.

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—Judgment, Supreme Court, New York County (Colleen McMahon, J.), rendered March 24, 1997, convicting defendant, after a jury trial, of robbery in the second degree and resisting arrest, and sentencing him, as a persistent violent felony offender, to concurrent terms of 22 years to life and 1 year, respectively, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence on the robbery in the second degree conviction to a term of 20 years to life, and otherwise affirmed.

Defendant’s challenge to the court’s charge on reasonable doubt is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the charge, viewed as a whole, conveyed the proper standards (see, People v Cubino, 88 NY2d 998).

We find the sentence excessive to the extent indicated. Concur — Ellerin, P. J., Wallach, Lerner and Friedman, JJ.

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Bluebook (online)

263 A.D.2d 402, 691 N.Y.S.2d 776, 1999 N.Y. App. Div. LEXIS 8233, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-farris-nyappdiv-1999.

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