People v. Mirdita

Appellate Division of the Supreme Court of New York

People v. Mirdita

236 A.D.2d 340, 655 N.Y.S.2d 334, 1997 N.Y. App. Div. LEXIS 1657

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

DecidedFebruary 27, 1997

StatusPublished

This text of 236 A.D.2d 340 (People v. Mirdita) 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. Mirdita, 236 A.D.2d 340, 655 N.Y.S.2d 334, 1997 N.Y. App. Div. LEXIS 1657 (N.Y. Ct. App. 1997).

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Opinion

—Judgment, Supreme Court, Bronx County (Richard Price, J.), rendered June 22, 1995, convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence of defendant’s intent to use the weapon unlawfully, notwithstanding his acquittal on the other counts of the indictment (People v Russell, 227 AD2d 232, lv denied 88 NY2d 969).

Defendant was not deprived of a fair trial by alleged prosecutorial misconduct. Such misconduct, if any, was harmless [341]*341error in view of the overwhelming evidence of guilt (People v Crimmins, 36 NY2d 230; People v Villarino, 184 AD2d 475, lv denied 80 NY2d 977).

We find that defendant’s sentence was properly imposed and we perceive no abuse of sentencing discretion. Concur—Milonas, J. P., Ellerin, Nardelli and Tom, JJ.

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—Judgment, Supreme Court, Bronx County (Richard Price, J.), rendered June 22, 1995, convicting defendant, after a jury trial, of criminal possession of a weapon in the second degree, and sentencing him to a term of 5 to 15 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence of defendant’s intent to use the weapon unlawfully, notwithstanding his acquittal on the other counts of the indictment (People v Russell, 227 AD2d 232, lv denied 88 NY2d 969).

Defendant was not deprived of a fair trial by alleged prosecutorial misconduct. Such misconduct, if any, was harmless [341]*341error in view of the overwhelming evidence of guilt (People v Crimmins, 36 NY2d 230; People v Villarino, 184 AD2d 475, lv denied 80 NY2d 977).

We find that defendant’s sentence was properly imposed and we perceive no abuse of sentencing discretion. Concur—Milonas, J. P., Ellerin, Nardelli and Tom, JJ.

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Bluebook (online)

236 A.D.2d 340, 655 N.Y.S.2d 334, 1997 N.Y. App. Div. LEXIS 1657, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mirdita-nyappdiv-1997.

Opinion

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