People v. Osier

17 A.D.3d 609, 795 N.Y.S.2d 59, 2005 N.Y. App. Div. LEXIS 4081
Appellate Division of the Supreme Court of the State of New York·Decided April 18, 2005·Published·Cited by 3 cases

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Carroll, J.), rendered December 15, 2003, convicting him of aggravated unlicensed operation of a motor vehicle in the first degree (two counts) and assault in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s contention, the Supreme Court properly admitted evidence of the defendant’s prior convictions of aggravated unlicensed operation of a motor vehicle to show the defendant’s knowledge that his license was suspended (see People v Alvino, 71 NY2d 233, 242 [1987]; People v Molineux, 168 NY 264 [1901]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant’s remaining contentions either are unpreserved for appellate review (see CPL 470.05 [2]) or without merit. Cozier, J.P., S. Miller, Mastro and Skelos, JJ., concur.

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People v. Osier, 17 A.D.3d 609, 795 N.Y.S.2d 59, 2005 N.Y. App. Div. LEXIS 4081 (N.Y. Ct. App. 2005).

17 A.D.3d 609 (People v. Osier) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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