People v. Harper

Appellate Division of the Supreme Court of New York

People v. Harper

253 A.D.2d 723, 678 N.Y.S.2d 258, 1998 N.Y. App. Div. LEXIS 9790

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

DecidedSeptember 29, 1998

StatusPublished

This text of 253 A.D.2d 723 (People v. Harper) 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. Harper, 253 A.D.2d 723, 678 N.Y.S.2d 258, 1998 N.Y. App. Div. LEXIS 9790 (N.Y. Ct. App. 1998).

Pincite

Opinion

Judgment, Supreme Court, Bronx County (Alexander Hunter, J.), rendered September 11, 1996, convicting defendant, after a jury trial, of two counts of robbery in the first degree, three counts of robbery in the second degree, and one count of assault in the second degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 17 years to life and 15 years to life to be served consecutively to concurrent terms of 17 years to life, 15 years to life, 15 years to life, and 10 years to life, unanimously affirmed.

The verdict was based upon legally sufficient evidence. We see no reason to disturb the jury’s determinations concerning credibility and identification issues (see, People v Gaimari, 176 NY 84, 94).

We perceive no abuse of sentencing discretion, and conclude that the sentence was not based on any improper criteria. Defendant’s remaining challenges to his sentence are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find them to be without merit. Concur — Sullivan, J. P., Nardelli, Rubin, Tom and Mazzarelli, JJ.

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Judgment, Supreme Court, Bronx County (Alexander Hunter, J.), rendered September 11, 1996, convicting defendant, after a jury trial, of two counts of robbery in the first degree, three counts of robbery in the second degree, and one count of assault in the second degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 17 years to life and 15 years to life to be served consecutively to concurrent terms of 17 years to life, 15 years to life, 15 years to life, and 10 years to life, unanimously affirmed.

The verdict was based upon legally sufficient evidence. We see no reason to disturb the jury’s determinations concerning credibility and identification issues (see, People v Gaimari, 176 NY 84, 94).

We perceive no abuse of sentencing discretion, and conclude that the sentence was not based on any improper criteria. Defendant’s remaining challenges to his sentence are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find them to be without merit. Concur — Sullivan, J. P., Nardelli, Rubin, Tom and Mazzarelli, JJ.

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Bluebook (online)

253 A.D.2d 723, 678 N.Y.S.2d 258, 1998 N.Y. App. Div. LEXIS 9790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-harper-nyappdiv-1998.

Opinion

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