People v. Reid

Appellate Division of the Supreme Court of New York

People v. Reid

170 A.D.2d 252, 565 N.Y.S.2d 1012, 1991 N.Y. App. Div. LEXIS 1516

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

DecidedFebruary 14, 1991

StatusPublished

This text of 170 A.D.2d 252 (People v. Reid) 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. Reid, 170 A.D.2d 252, 565 N.Y.S.2d 1012, 1991 N.Y. App. Div. LEXIS 1516 (N.Y. Ct. App. 1991).

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Opinion

Judgment of the Supreme Court, New York County (Murray Mogul, J. at suppression hearing; Franklin Weissberg, J. at jury trial), rendered December 7, 1989, convicting defendant of burglary in the second degree and criminal possession of stolen property in the fourth degree, and sentencing him, as a predicate felon, to concurrent, indeterminate terms of imprisonment of 6 to 12 years and IV2 to 3 years, unanimously affirmed.

None of defendant’s claims concerning the prosecutor’s summation have been preserved by specific objection, and in light of the overwhelming evidence of defendant’s guilt, any alleged error would be considered harmless.

With respect to defendant’s adjudication as a predicate felon, there was no infirmity in the underlying conviction. Defendant was plainly advised that if he failed to appear for sentencing, the court would not be bound by any sentencing recommendation, nor would defendant be entitled to withdraw his plea. (Cf., Innes v Dalsheim, 864 F2d 974, cert denied — US —, 107 L Ed 2d 19.) Concur—Murphy, P. J., Milonas, Ellerin, Ross and Rubin, JJ.

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Judgment of the Supreme Court, New York County (Murray Mogul, J. at suppression hearing; Franklin Weissberg, J. at jury trial), rendered December 7, 1989, convicting defendant of burglary in the second degree and criminal possession of stolen property in the fourth degree, and sentencing him, as a predicate felon, to concurrent, indeterminate terms of imprisonment of 6 to 12 years and IV2 to 3 years, unanimously affirmed.

None of defendant’s claims concerning the prosecutor’s summation have been preserved by specific objection, and in light of the overwhelming evidence of defendant’s guilt, any alleged error would be considered harmless.

With respect to defendant’s adjudication as a predicate felon, there was no infirmity in the underlying conviction. Defendant was plainly advised that if he failed to appear for sentencing, the court would not be bound by any sentencing recommendation, nor would defendant be entitled to withdraw his plea. (Cf., Innes v Dalsheim, 864 F2d 974, cert denied — US —, 107 L Ed 2d 19.) Concur—Murphy, P. J., Milonas, Ellerin, Ross and Rubin, JJ.

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Bluebook (online)

170 A.D.2d 252, 565 N.Y.S.2d 1012, 1991 N.Y. App. Div. LEXIS 1516, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-reid-nyappdiv-1991.