People v. Yusung Chung

Appellate Division of the Supreme Court of New York

People v. Yusung Chung

126 A.D.2d 553, 510 N.Y.S.2d 677, 1987 N.Y. App. Div. LEXIS 41690

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

DecidedJanuary 12, 1987

StatusPublished

This text of 126 A.D.2d 553 (People v. Yusung Chung) 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.

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People v. Yusung Chung, 126 A.D.2d 553, 510 N.Y.S.2d 677, 1987 N.Y. App. Div. LEXIS 41690 (N.Y. Ct. App. 1987).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Groh, J.), rendered April 11, 1985, convicting him of manslaughter in the first degree and criminal possession of a weapon in the fourth degree, after a nonjury trial, and imposing sentence.

[554]*554Ordered that the judgment is affirmed.

On the facts of this case, we do not consider the defendant to have been denied a fair trial by the trial court’s failure to consider, in its capacity as the fact finder, the unrequested lesser included offense of manslaughter in the second degree (see, CPL 300.50 [2]). Accordingly, we decline to order a new trial in the interest of justice. We also decline to modify the imposed sentence, as it constitutes neither an abuse of discretion nor a failure to observe sentencing principles on the part of the sentencing Judge (see, People v Suitte, 90 AD2d 80, 86-87). Thompson, J. P., Niehoff, Kunzeman and Sullivan, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Queens County (Groh, J.), rendered April 11, 1985, convicting him of manslaughter in the first degree and criminal possession of a weapon in the fourth degree, after a nonjury trial, and imposing sentence.

[554]*554Ordered that the judgment is affirmed.

On the facts of this case, we do not consider the defendant to have been denied a fair trial by the trial court’s failure to consider, in its capacity as the fact finder, the unrequested lesser included offense of manslaughter in the second degree (see, CPL 300.50 [2]). Accordingly, we decline to order a new trial in the interest of justice. We also decline to modify the imposed sentence, as it constitutes neither an abuse of discretion nor a failure to observe sentencing principles on the part of the sentencing Judge (see, People v Suitte, 90 AD2d 80, 86-87). Thompson, J. P., Niehoff, Kunzeman and Sullivan, JJ., concur.

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126 A.D.2d 553, 510 N.Y.S.2d 677, 1987 N.Y. App. Div. LEXIS 41690, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-yusung-chung-nyappdiv-1987.

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