People v. McKeller

Appellate Division of the Supreme Court of New York

People v. McKeller

248 A.D.2d 642, 669 N.Y.S.2d 951, 1998 N.Y. App. Div. LEXIS 2838

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

DecidedMarch 23, 1998

StatusPublished

This text of 248 A.D.2d 642 (People v. McKeller) 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. McKeller, 248 A.D.2d 642, 669 N.Y.S.2d 951, 1998 N.Y. App. Div. LEXIS 2838 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (DeLury, J.), rendered July 11, 1995, convicting him of assault in the first degree, assault in the second degree, and criminal possession of a weapon in the fourth degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is modified, on the law, by vacating the conviction for assault in the second degree and the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.

The defendant’s contention that the prosecution’s summation constituted reversible error is unpreserved for appellate review (see, CPL 470.05 [2]; People v Medina, 53 NY2d 951; People v Udzinski, 146 AD2d 245), and we decline to reach it in the exercise of our interest of justice jurisdiction.

The People correctly concede that the defendant’s conviction of assault in the second degree must be dismissed as an inclusory concurrent count of assault in the first degree (see, CPL 300.40 [3] [b]; Penal Law § 120.10 [1]; § 120.05 [2]; People v Garofalo, 192 AD2d 619).

Copertino, J. P., Altman, Florio and Luciano, JJ., concur.

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