People v. Gialanella

Appellate Division of the Supreme Court of New York

People v. Gialanella

252 A.D.2d 592, 675 N.Y.S.2d 308, 1998 N.Y. App. Div. LEXIS 8622

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

DecidedJuly 27, 1998

StatusPublished

This text of 252 A.D.2d 592 (People v. Gialanella) 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. Gialanella, 252 A.D.2d 592, 675 N.Y.S.2d 308, 1998 N.Y. App. Div. LEXIS 8622 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Appeal by the [593]*593defendant from a judgment of the County Court, Westchester County (Murphy, J.), rendered June 22, 1995, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed

Contrary to the defendant’s contention there was sufficient independent proof to “ ‘connect the defendant to the crime [in such a way] as to reasonably satisfy the jury that the accomplice [was] telling the truth’ ” (People v Johnson, 188 AD2d 552, 553, quoting People v Glasper, 52 NY2d 970, 971).

The sentence was neither harsh nor excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining claims are unpreserved for appellate review, harmless in light of the overwhelming proof of his guilt, or without merit. Bracken, J. P., Thompson, Sullivan and Pizzuto, JJ., concur.

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