People v. Loines

Appellate Division of the Supreme Court of New York

People v. Loines

197 A.D.2d 351, 602 N.Y.S.2d 129, 1993 N.Y. App. Div. LEXIS 9026

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

DecidedOctober 5, 1993

StatusPublished

Cited by1 cases

This text of 197 A.D.2d 351 (People v. Loines) 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. Loines, 197 A.D.2d 351, 602 N.Y.S.2d 129, 1993 N.Y. App. Div. LEXIS 9026 (N.Y. Ct. App. 1993).

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Opinion

—Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered December 18, 1991, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him as a second felony offender to a term of 7 to 14 years, unanimously modified to reduce the sentence to AVz to 9 years and otherwise affirmed.

Defendant was convicted for his participation in a sale of heroin to an undercover officer. Defendant and his accomplices were arrested moments later, and identifications were confirmed by the undercover officer. Defendant failed to object to the court’s instructions, failed to submit his own proposed instructions, despite an opportunity to do so, and failed to except to the court’s instructions to the jury. Defendant’s present challenges are unpreserved for review as a matter of law (see, People v Whalen, 59 NY2d 273, 280), and we decline to review them in the interest of justice. We do, however, find the sentence excessive to the extent indicated. Concur—Murphy, P. J., Ellerin, Wallach, Kassal and Nardelli, JJ.

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—Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered December 18, 1991, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him as a second felony offender to a term of 7 to 14 years, unanimously modified to reduce the sentence to AVz to 9 years and otherwise affirmed.

Defendant was convicted for his participation in a sale of heroin to an undercover officer. Defendant and his accomplices were arrested moments later, and identifications were confirmed by the undercover officer. Defendant failed to object to the court’s instructions, failed to submit his own proposed instructions, despite an opportunity to do so, and failed to except to the court’s instructions to the jury. Defendant’s present challenges are unpreserved for review as a matter of law (see, People v Whalen, 59 NY2d 273, 280), and we decline to review them in the interest of justice. We do, however, find the sentence excessive to the extent indicated. Concur—Murphy, P. J., Ellerin, Wallach, Kassal and Nardelli, JJ.

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Bluebook (online)

197 A.D.2d 351, 602 N.Y.S.2d 129, 1993 N.Y. App. Div. LEXIS 9026, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-loines-nyappdiv-1993.

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