Home/Appellate Division of the Supreme Court of New York/People v. Raeburn

People v. Raeburn

239 A.D.2d 523, 658 N.Y.S.2d 957, 1997 N.Y. App. Div. LEXIS 5308
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 19, 1997
StatusPublished

This text of 239 A.D.2d 523 (People v. Raeburn) 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. Raeburn, 239 A.D.2d 523, 658 N.Y.S.2d 957, 1997 N.Y. App. Div. LEXIS 5308 (N.Y. Ct. App. 1997).

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mastro, J.), rendered March 30, 1994, convicting him of attempted murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention regarding an allegedly improper statement made by the prosecutor is unpreserved for appellate review (see, CPL 470.05 [2]; People v Williams, 46 NY2d 1070). In any event, contrary to the defendant’s contention, the isolated comment did not shift the People’s burden of proving the defendant’s guilt beyond a reasonable doubt (see, People v Lilly, 139 AD2d 671).

There is no merit to the defendant’s contention that the knife recovered from the crime scene should not have been admitted into evidence, since the prosecution established a proper foundation for its admission (see, People v Julian, 41 NY2d 340; People v Mirenda, 23 NY2d 439).

The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80). Miller, J. P., Copertino, Krausman and Florio, JJ., concur.

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

Related

People v. Mirenda
245 N.E.2d 194 (New York Court of Appeals, 1969)
People v. Williams
390 N.E.2d 299 (New York Court of Appeals, 1979)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Lilly
139 A.D.2d 671 (Appellate Division of the Supreme Court of New York, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
239 A.D.2d 523, 658 N.Y.S.2d 957, 1997 N.Y. App. Div. LEXIS 5308, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-raeburn-nyappdiv-1997.