People v. Montalbo

Appellate Division of the Supreme Court of New York

People v. Montalbo

265 A.D.2d 183, 697 N.Y.S.2d 6, 1999 N.Y. App. Div. LEXIS 9736

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

DecidedOctober 7, 1999

StatusPublished

This text of 265 A.D.2d 183 (People v. Montalbo) 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. Montalbo, 265 A.D.2d 183, 697 N.Y.S.2d 6, 1999 N.Y. App. Div. LEXIS 9736 (N.Y. Ct. App. 1999).

Pincite

Opinion

—Judgment, Supreme Court, New York County (Felice Shea, J.), rendered October 24, 1997, 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 5V2 to 11 years, unanimously affirmed.

The court’s Sandoval ruling, limiting inquiry to two of defendant’s four drug-related convictions and his use of aliases on those occasions, was an appropriate exercise of discretion since these convictions, although similar to the charged crimes, demonstrated defendant’s willingness to place his own interest above that of society and bore directly on his credibility (see, People v Walker, 83 NY2d 455, 459; People v Pavao, 59 NY2d 282, 292; People v Perez, 246 AD2d 335, lv denied 91 NY2d 1011).

[184]*184Defendant’s severance motion was properly denied. Aside from being untimely (CPL 255.10 [1] [g]; 255.20 [1], [3]), the motion did not establish a sufficient basis for severance, since the evidence against both defendants was essentially identical, and their defenses were fundamentally similar (see, People v Mahboubian, 74 NY2d 174, 183-184), and defendant was not prejudiced in any way by a joint trial (compare, People v Cardwell, 78 NY2d 996).

We perceive no abuse of sentencing discretion.

By failing to object or to make specific objections, defendant has failed to preserve his remaining contentions and we decline to review them in the interest of justice. Were we to review these claims, we would reject them. Concur — Rosenberger, J. P., Tom, Mazzarelli, Lerner and Friedman, JJ.

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

—Judgment, Supreme Court, New York County (Felice Shea, J.), rendered October 24, 1997, 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 5V2 to 11 years, unanimously affirmed.

The court’s Sandoval ruling, limiting inquiry to two of defendant’s four drug-related convictions and his use of aliases on those occasions, was an appropriate exercise of discretion since these convictions, although similar to the charged crimes, demonstrated defendant’s willingness to place his own interest above that of society and bore directly on his credibility (see, People v Walker, 83 NY2d 455, 459; People v Pavao, 59 NY2d 282, 292; People v Perez, 246 AD2d 335, lv denied 91 NY2d 1011).

[184]*184Defendant’s severance motion was properly denied. Aside from being untimely (CPL 255.10 [1] [g]; 255.20 [1], [3]), the motion did not establish a sufficient basis for severance, since the evidence against both defendants was essentially identical, and their defenses were fundamentally similar (see, People v Mahboubian, 74 NY2d 174, 183-184), and defendant was not prejudiced in any way by a joint trial (compare, People v Cardwell, 78 NY2d 996).

We perceive no abuse of sentencing discretion.

By failing to object or to make specific objections, defendant has failed to preserve his remaining contentions and we decline to review them in the interest of justice. Were we to review these claims, we would reject them. Concur — Rosenberger, J. P., Tom, Mazzarelli, Lerner and Friedman, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

265 A.D.2d 183, 697 N.Y.S.2d 6, 1999 N.Y. App. Div. LEXIS 9736, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-montalbo-nyappdiv-1999.

Opinion

Related

Cite This Page — Counsel Stack