People v. Paul

Appellate Division of the Supreme Court of New York

People v. Paul

288 A.D.2d 139, 732 N.Y.S.2d 861, 2001 N.Y. App. Div. LEXIS 11446

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

DecidedNovember 27, 2001

StatusPublished

This text of 288 A.D.2d 139 (People v. Paul) 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. Paul, 288 A.D.2d 139, 732 N.Y.S.2d 861, 2001 N.Y. App. Div. LEXIS 11446 (N.Y. Ct. App. 2001).

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Opinion

—Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered July 20, 1999, convicting defendant, after a jury trial, of robbery in the first degree, burglary in the second degree and possession of burglar’s tools, and sentencing him, as a persistent violent felony offender, to concurrent terms of 20 years to life, 16 years to life, and one year, respectively, unanimously affirmed.

Defendant’s request for a missing witness charge was properly denied since there was no showing that the witness would have provided testimony concerning a material issue (see, People v Gonzalez, 68 NY2d 424, 427-428). In any event, were we to find any error in this regard, we would find it to be harmless.

Defendant’s constitutional challenge to the procedure under which he was sentenced as a persistent violent felony offender is unpreserved for appellate review and, in any event, is without merit (People v Rosen, 96 NY2d 329, cert denied — US —, 122 S Ct 224). Concur — Rosenberger, J. P., Tom, Rubin, Buckley and Marlow, JJ.

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—Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered July 20, 1999, convicting defendant, after a jury trial, of robbery in the first degree, burglary in the second degree and possession of burglar’s tools, and sentencing him, as a persistent violent felony offender, to concurrent terms of 20 years to life, 16 years to life, and one year, respectively, unanimously affirmed.

Defendant’s request for a missing witness charge was properly denied since there was no showing that the witness would have provided testimony concerning a material issue (see, People v Gonzalez, 68 NY2d 424, 427-428). In any event, were we to find any error in this regard, we would find it to be harmless.

Defendant’s constitutional challenge to the procedure under which he was sentenced as a persistent violent felony offender is unpreserved for appellate review and, in any event, is without merit (People v Rosen, 96 NY2d 329, cert denied — US —, 122 S Ct 224). Concur — Rosenberger, J. P., Tom, Rubin, Buckley and Marlow, JJ.

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Bluebook (online)

288 A.D.2d 139, 732 N.Y.S.2d 861, 2001 N.Y. App. Div. LEXIS 11446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-paul-nyappdiv-2001.

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