People v. Simon

Appellate Division of the Supreme Court of New York

People v. Simon

295 A.D.2d 457, 743 N.Y.S.2d 309, 2002 N.Y. App. Div. LEXIS 6090

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

DecidedJune 10, 2002

StatusPublished

Cited by1 cases

This text of 295 A.D.2d 457 (People v. Simon) 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. Simon, 295 A.D.2d 457, 743 N.Y.S.2d 309, 2002 N.Y. App. Div. LEXIS 6090 (N.Y. Ct. App. 2002).

Pincite

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Friedman, J.), rendered November 16, 1998, convicting him of robbery in the first degree, upon a jury verdict, and sentencing him to a determinate term of 20 years’ imprisonment.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence to a determinate term of 15 years.

The permissive adverse inference charge given by the court was an appropriate exercise of discretion under the circumstances (see People v Martinez, 71 NY2d 937; People v Delgado, 282 AD2d 223; People v Brister, 239 AD2d 513; People v Gibbs, 211 AD2d 641; People v Gibbs, 207 AD2d 288, affd 85 NY2d 899).

The sentence imposed was excessive to the extent indicated.

[458]*458The defendant’s remaining contention is without merit. Florio, J.P., O’Brien, Krausman and Luciano, JJ., concur.

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