People v. Marino

Appellate Division of the Supreme Court of New York

People v. Marino

114 A.D.2d 471, 494 N.Y.S.2d 380, 1985 N.Y. App. Div. LEXIS 53165

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

DecidedOctober 21, 1985

StatusPublished

This text of 114 A.D.2d 471 (People v. Marino) 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. Marino, 114 A.D.2d 471, 494 N.Y.S.2d 380, 1985 N.Y. App. Div. LEXIS 53165 (N.Y. Ct. App. 1985).

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Opinion

—Appeal by defendant from a judgment of the County Court, Nassau County (Lawrence, J.), rendered November 19, 1983, convicting him of criminal possession of a weapon in the third degree and criminal sale of a firearm in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Contrary to defendant’s assertion, the second count of the indictment was not jurisdictionally defective, as it clearly charged him with criminal possession of a weapon in the third degree (see, People v Iannone, 45 NY2d 589). Defendant was not denied a fair trial by the prosecutor’s questions and summation. Since he was represented by counsel at sentencing, defendant was not prejudiced by the court’s refusal to grant a second adjournment to allow another attorney, who had not filed a notice of appearance, to prepare to represent defendant at sentencing (see, People v San Souci, 23 AD2d 352, affd, 17 NY2d 684). With regard to the claim that counsel remained mute on the issue of defendant’s status as a second felony offender, we note that defendant had previously conceded his prior conviction. Mollen, P. J., Thompson, O’Connor and Rubin, JJ., concur.

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—Appeal by defendant from a judgment of the County Court, Nassau County (Lawrence, J.), rendered November 19, 1983, convicting him of criminal possession of a weapon in the third degree and criminal sale of a firearm in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Contrary to defendant’s assertion, the second count of the indictment was not jurisdictionally defective, as it clearly charged him with criminal possession of a weapon in the third degree (see, People v Iannone, 45 NY2d 589). Defendant was not denied a fair trial by the prosecutor’s questions and summation. Since he was represented by counsel at sentencing, defendant was not prejudiced by the court’s refusal to grant a second adjournment to allow another attorney, who had not filed a notice of appearance, to prepare to represent defendant at sentencing (see, People v San Souci, 23 AD2d 352, affd, 17 NY2d 684). With regard to the claim that counsel remained mute on the issue of defendant’s status as a second felony offender, we note that defendant had previously conceded his prior conviction. Mollen, P. J., Thompson, O’Connor and Rubin, JJ., concur.

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Bluebook (online)

114 A.D.2d 471, 494 N.Y.S.2d 380, 1985 N.Y. App. Div. LEXIS 53165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-marino-nyappdiv-1985.

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