People v. Ginett

Appellate Division of the Supreme Court of New York

People v. Ginett

179 A.D.2d 1072, 580 N.Y.S.2d 907, 1992 N.Y. App. Div. LEXIS 2438

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

DecidedJanuary 31, 1992

StatusPublished

This text of 179 A.D.2d 1072 (People v. Ginett) 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. Ginett, 179 A.D.2d 1072, 580 N.Y.S.2d 907, 1992 N.Y. App. Div. LEXIS 2438 (N.Y. Ct. App. 1992).

Pincite

Opinion

There is no merit to defendant’s contentions that he was denied the effective assistance of counsel; that the court abused its discretion in denying youthful offender status; that the sentence is harsh and excessive; or that claimed prosecutorial misconduct deprived defendant of a fair trial. Defendant’s remaining contention that the court erred in failing to instruct the jury on justification in defense of property (Penal Law § 35.20 [3]) was not preserved for our review (see, CPL 470.05 [2]). In any event, there was no factual basis in the record to warrant such instruction. (Appeal from Judgment of Supreme Court, Monroe County, Bergin, J. — Manslaughter, 2nd Degree.) Present — Boomer, J. P., Pine, Balio, Lawton and Davis, JJ.

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There is no merit to defendant’s contentions that he was denied the effective assistance of counsel; that the court abused its discretion in denying youthful offender status; that the sentence is harsh and excessive; or that claimed prosecutorial misconduct deprived defendant of a fair trial. Defendant’s remaining contention that the court erred in failing to instruct the jury on justification in defense of property (Penal Law § 35.20 [3]) was not preserved for our review (see, CPL 470.05 [2]). In any event, there was no factual basis in the record to warrant such instruction. (Appeal from Judgment of Supreme Court, Monroe County, Bergin, J. — Manslaughter, 2nd Degree.) Present — Boomer, J. P., Pine, Balio, Lawton and Davis, JJ.

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Bluebook (online)

179 A.D.2d 1072, 580 N.Y.S.2d 907, 1992 N.Y. App. Div. LEXIS 2438, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ginett-nyappdiv-1992.

Opinion

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