People v. Lima

Appellate Division of the Supreme Court of New York

People v. Lima

187 A.D.2d 360, 590 N.Y.S.2d 706, 1992 N.Y. App. Div. LEXIS 13118

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

DecidedNovember 19, 1992

StatusPublished

This text of 187 A.D.2d 360 (People v. Lima) 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. Lima, 187 A.D.2d 360, 590 N.Y.S.2d 706, 1992 N.Y. App. Div. LEXIS 13118 (N.Y. Ct. App. 1992).

Pincite

Opinion

Judgment, Supreme Court, New York County (Juanita Bing Newton, J.), rendered November 26, 1990, convicting defendant, after jury trial, of assault in the first degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.

Defendant’s appellate challenge to the court’s supplemental instructions on justification was not preserved by appropriate objection (CPL 470.05), and, in any event, is without merit in that the charge, when viewed as a whole (People v St. Martine, 160 AD2d 35, 38, lv denied 76 NY2d 990), comported with the evidence (see, Penal Law § 35.15 [1], [2]; People v Major, 116 AD2d 594). Given the serious and nearly fatal extent of the injuries inflicted, the maximum sentence imposed cannot be deemed excessive (see, People v Rogers, 163 AD2d 157, 158, lv denied 76 NY2d 943). Concur—Murphy, P. J., Ellerin, Kupferman, Kassal and Rubin, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Juanita Bing Newton, J.), rendered November 26, 1990, convicting defendant, after jury trial, of assault in the first degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.

Defendant’s appellate challenge to the court’s supplemental instructions on justification was not preserved by appropriate objection (CPL 470.05), and, in any event, is without merit in that the charge, when viewed as a whole (People v St. Martine, 160 AD2d 35, 38, lv denied 76 NY2d 990), comported with the evidence (see, Penal Law § 35.15 [1], [2]; People v Major, 116 AD2d 594). Given the serious and nearly fatal extent of the injuries inflicted, the maximum sentence imposed cannot be deemed excessive (see, People v Rogers, 163 AD2d 157, 158, lv denied 76 NY2d 943). Concur—Murphy, P. J., Ellerin, Kupferman, Kassal and Rubin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

187 A.D.2d 360, 590 N.Y.S.2d 706, 1992 N.Y. App. Div. LEXIS 13118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lima-nyappdiv-1992.

Opinion

Related

Cite This Page — Counsel Stack