People v. Small

Appellate Division of the Supreme Court of New York

People v. Small

113 A.D.2d 961, 493 N.Y.S.2d 635, 1985 N.Y. App. Div. LEXIS 52582

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

DecidedSeptember 30, 1985

StatusPublished

This text of 113 A.D.2d 961 (People v. Small) 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. Small, 113 A.D.2d 961, 493 N.Y.S.2d 635, 1985 N.Y. App. Div. LEXIS 52582 (N.Y. Ct. App. 1985).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered August 3, 1982, convicting him of murder in the second degree (two counts), attempted murder in the second degree, robbery in the first degree (six counts), assault in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Defendant’s claims of error with respect to the court’s charge have not been preserved for appellate review as a matter of law, and a reversal in the interest of justice is not warranted under the circumstances of this case (see, People v Whalen, 59 NY2d 273; People v Culhane, 45 NY2d 757, cert denied 439 US 1047; People v Smith, 100 AD2d 857; People v Herbert, 100 AD2d 883).

We have considered defendant’s claim that his sentence is excessive and find it to be devoid of merit. Accordingly, we decline to exercise our discretion to disturb the term of imprisonment imposed by the sentencing Judge (see, People v Suitte, 90 AD2d 80). Gibbons, J. P., Thompson, Weinstein and Kunzeman, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered August 3, 1982, convicting him of murder in the second degree (two counts), attempted murder in the second degree, robbery in the first degree (six counts), assault in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Defendant’s claims of error with respect to the court’s charge have not been preserved for appellate review as a matter of law, and a reversal in the interest of justice is not warranted under the circumstances of this case (see, People v Whalen, 59 NY2d 273; People v Culhane, 45 NY2d 757, cert denied 439 US 1047; People v Smith, 100 AD2d 857; People v Herbert, 100 AD2d 883).

We have considered defendant’s claim that his sentence is excessive and find it to be devoid of merit. Accordingly, we decline to exercise our discretion to disturb the term of imprisonment imposed by the sentencing Judge (see, People v Suitte, 90 AD2d 80). Gibbons, J. P., Thompson, Weinstein and Kunzeman, JJ., concur.

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Bluebook (online)

113 A.D.2d 961, 493 N.Y.S.2d 635, 1985 N.Y. App. Div. LEXIS 52582, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-small-nyappdiv-1985.

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