People v. Urena

Appellate Division of the Supreme Court of New York

People v. Urena

35 A.D.3d 296, 825 N.Y.S.2d 360

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

DecidedDecember 21, 2006

StatusPublished

Cited by1 cases

This text of 35 A.D.3d 296 (People v. Urena) 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. Urena, 35 A.D.3d 296, 825 N.Y.S.2d 360 (N.Y. Ct. App. 2006).

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Opinion

Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered April 26, 2001, convicting defendant, after a jury trial, of murder in the second degree, attempted murder in the second degree and assault in the first degree, and sentencing him to consecutive terms of 25 years to life and I2V2 to 25 years, and a concurrent term of 10 to 20 years, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility.

Defendant’s claims of prosecutorial misconduct are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

The record does not establish that defendant’s sentence was based on any improper criteria, and we perceive no basis for reducing the sentence. Concur—Tom, J.E, Marlow, Williams, Gonzalez and Catterson, JJ.

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Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered April 26, 2001, convicting defendant, after a jury trial, of murder in the second degree, attempted murder in the second degree and assault in the first degree, and sentencing him to consecutive terms of 25 years to life and I2V2 to 25 years, and a concurrent term of 10 to 20 years, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s determinations concerning credibility.

Defendant’s claims of prosecutorial misconduct are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

The record does not establish that defendant’s sentence was based on any improper criteria, and we perceive no basis for reducing the sentence. Concur—Tom, J.E, Marlow, Williams, Gonzalez and Catterson, JJ.

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Bluebook (online)

35 A.D.3d 296, 825 N.Y.S.2d 360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-urena-nyappdiv-2006.

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