People v. Kolb

Appellate Division of the Supreme Court of New York

People v. Kolb

118 A.D.2d 591, 499 N.Y.S.2d 887, 1986 N.Y. App. Div. LEXIS 54448

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

DecidedMarch 3, 1986

StatusPublished

This text of 118 A.D.2d 591 (People v. Kolb) 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. Kolb, 118 A.D.2d 591, 499 N.Y.S.2d 887, 1986 N.Y. App. Div. LEXIS 54448 (N.Y. Ct. App. 1986).

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Opinion

Appeal by the defendant from a judgment of the County Court, Suffolk County (Vaughn, J.), rendered April 10, 1984, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

[592]*592As we held in the case of the defendant’s brother (see, People v Kolb, 118 AD2d 590), the statements made by the victim shortly before his demise come within the dying declaration exception to the hearsay rule (see generally, People v Nieves, 108 AD2d 165; People v Coniglio, 79 Misc 2d 808; cf. People v Acomb, 87 AD2d 1, lv dismissed 56 NY2d 1034). The defendant’s remaining contentions have been reviewed to the extent that they were preserved for review as a matter of law, and are without merit. The sentence imposed was appropriate under the circumstances of this case. Mangano, J. P., Brown, Weinstein and Spatt, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Suffolk County (Vaughn, J.), rendered April 10, 1984, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

[592]*592As we held in the case of the defendant’s brother (see, People v Kolb, 118 AD2d 590), the statements made by the victim shortly before his demise come within the dying declaration exception to the hearsay rule (see generally, People v Nieves, 108 AD2d 165; People v Coniglio, 79 Misc 2d 808; cf. People v Acomb, 87 AD2d 1, lv dismissed 56 NY2d 1034). The defendant’s remaining contentions have been reviewed to the extent that they were preserved for review as a matter of law, and are without merit. The sentence imposed was appropriate under the circumstances of this case. Mangano, J. P., Brown, Weinstein and Spatt, JJ., concur.

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Bluebook (online)

118 A.D.2d 591, 499 N.Y.S.2d 887, 1986 N.Y. App. Div. LEXIS 54448, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kolb-nyappdiv-1986.

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