People v. Winston

Appellate Division of the Supreme Court of New York

People v. Winston

4 A.D.3d 493, 771 N.Y.S.2d 674, 2004 N.Y. App. Div. LEXIS 1717

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

DecidedFebruary 17, 2004

StatusPublished

This text of 4 A.D.3d 493 (People v. Winston) 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. Winston, 4 A.D.3d 493, 771 N.Y.S.2d 674, 2004 N.Y. App. Div. LEXIS 1717 (N.Y. Ct. App. 2004).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Carroll, J.), rendered November 30, 2000, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that improper remarks made by the prosecutor during summation require reversal. The contentions regarding the majority of the remarks are not preserved for appellate review inasmuch as the defendant either failed to object to the prosecutor’s comments, made only a general objection, or failed to request curative instructions (see CPL 470.05 [2]; People v Antonio, 255 AD2d 449 [1998]). In any event, the contentions are without merit.

The sentencing court providently exercised its discretion in rejecting, without a hearing, the defendant’s challenge to the use of a 1995 conviction to adjudicate him a second violent felony offender. The defendant’s allegations were bare of facts sufficient to support a finding that the 1995 conviction was unconstitutional (see People v Cooper, 241 AD2d 553, 554 [1997]; People v Covington, 233 AD2d 169 [1996]). Altman, J.P., Cozier, Mastro and Rivera, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Carroll, J.), rendered November 30, 2000, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that improper remarks made by the prosecutor during summation require reversal. The contentions regarding the majority of the remarks are not preserved for appellate review inasmuch as the defendant either failed to object to the prosecutor’s comments, made only a general objection, or failed to request curative instructions (see CPL 470.05 [2]; People v Antonio, 255 AD2d 449 [1998]). In any event, the contentions are without merit.

The sentencing court providently exercised its discretion in rejecting, without a hearing, the defendant’s challenge to the use of a 1995 conviction to adjudicate him a second violent felony offender. The defendant’s allegations were bare of facts sufficient to support a finding that the 1995 conviction was unconstitutional (see People v Cooper, 241 AD2d 553, 554 [1997]; People v Covington, 233 AD2d 169 [1996]). Altman, J.P., Cozier, Mastro and Rivera, JJ., concur.

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Bluebook (online)

4 A.D.3d 493, 771 N.Y.S.2d 674, 2004 N.Y. App. Div. LEXIS 1717, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-winston-nyappdiv-2004.

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