People v. Kelley

Appellate Division of the Supreme Court of New York

People v. Kelley

146 A.D.2d 806, 538 N.Y.S.2d 472, 1989 N.Y. App. Div. LEXIS 935

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

DecidedJanuary 30, 1989

StatusPublished

This text of 146 A.D.2d 806 (People v. Kelley) 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. Kelley, 146 A.D.2d 806, 538 N.Y.S.2d 472, 1989 N.Y. App. Div. LEXIS 935 (N.Y. Ct. App. 1989).

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Opinion

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered April 27, 1987, convicting him of assault in the second degree and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim that the court erred in its charge has not been preserved for appellate review (CPL 470.05 [2]), and we decline to reach it in the exercise of our interest of justice jurisdiction (see, People v Norwood, 133 AD2d 423, 424). Any improper summation commentary by the prosecutor was harmless in light of the overwhelming evidence of guilt. Finally, we find that the defendant’s sentence was not excessive. Brown, J. P., Fiber, Sullivan and Harwood, JJ., concur.

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— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered April 27, 1987, convicting him of assault in the second degree and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim that the court erred in its charge has not been preserved for appellate review (CPL 470.05 [2]), and we decline to reach it in the exercise of our interest of justice jurisdiction (see, People v Norwood, 133 AD2d 423, 424). Any improper summation commentary by the prosecutor was harmless in light of the overwhelming evidence of guilt. Finally, we find that the defendant’s sentence was not excessive. Brown, J. P., Fiber, Sullivan and Harwood, JJ., concur.

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Bluebook (online)

146 A.D.2d 806, 538 N.Y.S.2d 472, 1989 N.Y. App. Div. LEXIS 935, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kelley-nyappdiv-1989.

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