People v. Glover

Appellate Division of the Supreme Court of New York

People v. Glover

302 A.D.2d 926, 753 N.Y.S.2d 799, 2003 N.Y. App. Div. LEXIS 1044

Appellate Division of the Supreme Court of the State of New York·Decided February 7, 2003·Published

Opinion

Appeal from a judgment of Monroe County Court (Kohout, J.), entered April 4, 2001, convicting defendant after a jury trial of, inter alia, murder in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him following a jury trial of murder in the second degree (Penal Law § 125.25 [2]) and criminal possession of a weapon in the second degree (§ 265.03 [2]), defendant contends that he was denied a fair trial by prosecutorial misconduct on summation and that he was denied his statutory right to speak at sentencing (see CPL 380.50 [1]). Neither contention is preserved for our review (see People v Green, 54 NY2d 878, 880; People v Hess, 234 AD2d 925, lv denied 90 NY2d 1011), and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see 470.15 [6] [á]). Contrary to the further contention of defendant, the verdict finding him guilty of depraved indifference murder is not against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495). Present — Pine, J.P., Wisner, Kehoe, Burns and Gorski, JJ.

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Appeal from a judgment of Monroe County Court (Kohout, J.), entered April 4, 2001, convicting defendant after a jury trial of, inter alia, murder in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him following a jury trial of murder in the second degree (Penal Law § 125.25 [2]) and criminal possession of a weapon in the second degree (§ 265.03 [2]), defendant contends that he was denied a fair trial by prosecutorial misconduct on summation and that he was denied his statutory right to speak at sentencing (see CPL 380.50 [1]). Neither contention is preserved for our review (see People v Green, 54 NY2d 878, 880; People v Hess, 234 AD2d 925, lv denied 90 NY2d 1011), and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see 470.15 [6] [á]). Contrary to the further contention of defendant, the verdict finding him guilty of depraved indifference murder is not against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495). Present — Pine, J.P., Wisner, Kehoe, Burns and Gorski, JJ.

People v. Glover, 302 A.D.2d 926, 753 N.Y.S.2d 799, 2003 N.Y. App. Div. LEXIS 1044 (N.Y. Ct. App. 2003).

Pincite

302 A.D.2d 926 (People v. Glover) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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