People v. Stepter

Appellate Division of the Supreme Court of New York

People v. Stepter

67 A.D.3d 497, 887 N.Y.S.2d 844

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

DecidedNovember 12, 2009

StatusPublished

This text of 67 A.D.3d 497 (People v. Stepter) 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. Stepter, 67 A.D.3d 497, 887 N.Y.S.2d 844 (N.Y. Ct. App. 2009).

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Opinion

Judgement, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered February 7, 2008, convicting defendant, upon his plea [498]*498of guilty, -of criminal possession of a weapon in the second degree and criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony drug offender, to concurrent terms of eight years, unanimously affirmed.

Defendant’s challenge to his sentence is of a type that requires preservation (see People v Samms, 95 NY2d 52, 53-57 [2000]), and we decline to review this unpreserved claim in the interest of justice. As an alternative holding, we find that defendant’s out of state conviction qualified as a predicate felony conviction.

We perceive no basis for reducing the sentence. Concur— Gonzalez, EJ., Andrias, Saxe, Renwick and Manzanet-Daniels, JJ.

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Judgement, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered February 7, 2008, convicting defendant, upon his plea [498]*498of guilty, -of criminal possession of a weapon in the second degree and criminal possession of a controlled substance in the second degree, and sentencing him, as a second felony drug offender, to concurrent terms of eight years, unanimously affirmed.

Defendant’s challenge to his sentence is of a type that requires preservation (see People v Samms, 95 NY2d 52, 53-57 [2000]), and we decline to review this unpreserved claim in the interest of justice. As an alternative holding, we find that defendant’s out of state conviction qualified as a predicate felony conviction.

We perceive no basis for reducing the sentence. Concur— Gonzalez, EJ., Andrias, Saxe, Renwick and Manzanet-Daniels, JJ.

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Bluebook (online)

67 A.D.3d 497, 887 N.Y.S.2d 844, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-stepter-nyappdiv-2009.

Opinion

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