People v. Pryme

Appellate Division of the Supreme Court of New York

People v. Pryme

166 A.D.2d 324, 560 N.Y.S.2d 1019, 1990 N.Y. App. Div. LEXIS 12746

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

DecidedOctober 23, 1990

StatusPublished

Cited by1 cases

This text of 166 A.D.2d 324 (People v. Pryme) 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. Pryme, 166 A.D.2d 324, 560 N.Y.S.2d 1019, 1990 N.Y. App. Div. LEXIS 12746 (N.Y. Ct. App. 1990).

Pincite

Opinion

Judgment, Supreme Court, New York County (Allen G. Alpert, J.), rendered February 23, 1989, convicting defendant, after a jury trial, of attempted robbery in the first degree and sentencing him to an indeterminate prison term of from 3 to 9 years, unanimously affirmed.

Defendant’s guilt was established beyond a reasonable doubt. Defendant’s threat to kill the complainant while pointing a sharpened screwdriver at him immediately after complainant rebuffed defendant’s request for "change” presented the jury with evidence sufficient to establish that defendant intended to commit a robbery (People v Bracey, 41 NY2d 296, 301, rearg denied 41 NY2d 1010). Furthermore, the jury’s rejection of defendant’s theory of the case was not against the weight of the evidence.

As no objection was raised at trial to the prosecutor’s summation, defendant’s present contention of misconduct on summation is unpreserved for appellate review (CPL 470.05 [2]). Were we to consider these issues in the interest of justice, we would nonetheless affirm the conviction, finding them to be without merit. Given defendant’s criminal behavior and the violent nature of this attempted crime, defendant’s sentence was not excessive. Concur—Sullivan, J. P., Ross, Rosenberger, Kassal and Wallach, JJ.

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

Judgment, Supreme Court, New York County (Allen G. Alpert, J.), rendered February 23, 1989, convicting defendant, after a jury trial, of attempted robbery in the first degree and sentencing him to an indeterminate prison term of from 3 to 9 years, unanimously affirmed.

Defendant’s guilt was established beyond a reasonable doubt. Defendant’s threat to kill the complainant while pointing a sharpened screwdriver at him immediately after complainant rebuffed defendant’s request for "change” presented the jury with evidence sufficient to establish that defendant intended to commit a robbery (People v Bracey, 41 NY2d 296, 301, rearg denied 41 NY2d 1010). Furthermore, the jury’s rejection of defendant’s theory of the case was not against the weight of the evidence.

As no objection was raised at trial to the prosecutor’s summation, defendant’s present contention of misconduct on summation is unpreserved for appellate review (CPL 470.05 [2]). Were we to consider these issues in the interest of justice, we would nonetheless affirm the conviction, finding them to be without merit. Given defendant’s criminal behavior and the violent nature of this attempted crime, defendant’s sentence was not excessive. Concur—Sullivan, J. P., Ross, Rosenberger, Kassal and Wallach, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

166 A.D.2d 324, 560 N.Y.S.2d 1019, 1990 N.Y. App. Div. LEXIS 12746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pryme-nyappdiv-1990.

Opinion

Related

Cite This Page — Counsel Stack