People v. Serrano

Appellate Division of the Supreme Court of New York

People v. Serrano

290 A.D.2d 360, 736 N.Y.S.2d 230, 2002 N.Y. App. Div. LEXIS 555

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

DecidedJanuary 24, 2002

StatusPublished

This text of 290 A.D.2d 360 (People v. Serrano) 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. Serrano, 290 A.D.2d 360, 736 N.Y.S.2d 230, 2002 N.Y. App. Div. LEXIS 555 (N.Y. Ct. App. 2002).

Pincite

Opinion

Judgment, Supreme Court, Bronx County (Michael Gross, J.), rendered April 29, 1999, convicting defendant, after a jury trial, of attempted murder in the second degree and rape in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 25 years and lVs to 4 years, respectively, unanimously affirmed.

Review of defendant’s claim that second degree assault under a theory of recklessness (Penal Law § 120.05 [4]) should have been charged as a lesser included offense of first degree assault is foreclosed, since the jury found defendant guilty of attempted murder in the second degree and, pursuant to the court’s instructions, which the jury presumably followed, it had no occasion to consider the first degree assault count submitted in the alternative (see, People v Johnson, 87 NY2d 357, 361; People v Boettcher, 69 NY2d 174, 180-181; People v Falcon, 281 AD2d 368, lv denied 96 NY2d 901).

We perceive no basis for a reduction of sentence. Concur— Nardelli, J.P., Tom, Sullivan, Ellerin and Rubin, JJ.

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

Judgment, Supreme Court, Bronx County (Michael Gross, J.), rendered April 29, 1999, convicting defendant, after a jury trial, of attempted murder in the second degree and rape in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 25 years and lVs to 4 years, respectively, unanimously affirmed.

Review of defendant’s claim that second degree assault under a theory of recklessness (Penal Law § 120.05 [4]) should have been charged as a lesser included offense of first degree assault is foreclosed, since the jury found defendant guilty of attempted murder in the second degree and, pursuant to the court’s instructions, which the jury presumably followed, it had no occasion to consider the first degree assault count submitted in the alternative (see, People v Johnson, 87 NY2d 357, 361; People v Boettcher, 69 NY2d 174, 180-181; People v Falcon, 281 AD2d 368, lv denied 96 NY2d 901).

We perceive no basis for a reduction of sentence. Concur— Nardelli, J.P., Tom, Sullivan, Ellerin and Rubin, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

290 A.D.2d 360, 736 N.Y.S.2d 230, 2002 N.Y. App. Div. LEXIS 555, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-serrano-nyappdiv-2002.

Opinion

Related

Cite This Page — Counsel Stack