People v. Warrick

Appellate Division of the Supreme Court of New York

People v. Warrick

287 A.D.2d 327, 731 N.Y.S.2d 374, 2001 N.Y. App. Div. LEXIS 9615

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

DecidedOctober 16, 2001

StatusPublished

This text of 287 A.D.2d 327 (People v. Warrick) 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. Warrick, 287 A.D.2d 327, 731 N.Y.S.2d 374, 2001 N.Y. App. Div. LEXIS 9615 (N.Y. Ct. App. 2001).

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Opinion

—Judgment, Supreme Court, New York County (Martin Rettinger, J., at jury trial; Arlene Silverman, J., at sentence), rendered January 5, 2000, convicting defendant of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 4V2 to 9 years, and otherwise affirmed.

To the extent that the prosecutor may have improperly appealed to the jurors’ emotions, any prejudice was prevented by the court’s prompt and thorough curative instructions.

In light of defendant’s military record, we find the sentence excessive to the extent indicated.

We have considered and rejected defendant’s remaining claims, including those contained in his pro se supplemental brief. We note that since defendant was denied leave to appeal to this Court from the denial of his motion to vacate judgment made pursuant to CPL 440.10, that order is not before this Court (CPL 450.15 [1]; 460.15). Concur — Rosenberger, J. P., Nardelli, Ellerin, Lerner and Saxe, JJ.

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—Judgment, Supreme Court, New York County (Martin Rettinger, J., at jury trial; Arlene Silverman, J., at sentence), rendered January 5, 2000, convicting defendant of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the sentence to a term of 4V2 to 9 years, and otherwise affirmed.

To the extent that the prosecutor may have improperly appealed to the jurors’ emotions, any prejudice was prevented by the court’s prompt and thorough curative instructions.

In light of defendant’s military record, we find the sentence excessive to the extent indicated.

We have considered and rejected defendant’s remaining claims, including those contained in his pro se supplemental brief. We note that since defendant was denied leave to appeal to this Court from the denial of his motion to vacate judgment made pursuant to CPL 440.10, that order is not before this Court (CPL 450.15 [1]; 460.15). Concur — Rosenberger, J. P., Nardelli, Ellerin, Lerner and Saxe, JJ.

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Bluebook (online)

287 A.D.2d 327, 731 N.Y.S.2d 374, 2001 N.Y. App. Div. LEXIS 9615, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-warrick-nyappdiv-2001.