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People v. Gibson

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 2001
280 A.D.2d 903 (N.Y. App. Div. 2001)

Opinion

February 7, 2001.

Appeal from Judgment of Monroe County Court, Connell, J. — Criminal Possession Controlled Substance, 3rd Degree.

PRESENT: PIGOTT, JR., P.J., HAYES, WISNER, SCUDDER AND LAWTON, JJ.


Judgment unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him upon a jury verdict of criminal possession of a controlled substance in the third degree (Penal Law § 220.16). Contrary to defendant's contention, County Court's Sandoval ruling allowing the prosecutor to cross-examine defendant about the facts underlying a prior conviction of endangering the welfare of a child was not an abuse of discretion ( see, People v. Bennette, 56 N.Y.2d 142, 147-148). Defendant failed to object to the prosecutor's cross-examination of defendant and the prosecutor's comments during summation, and thus failed to preserve for our review his contentions concerning the alleged prosecutorial misconduct ( see, CPL 470.05). Contrary to defendant's further contention, the cumulative effect of the alleged instances of prosecutorial misconduct did not deprive defendant of his right to a fair trial ( see, People v. Rubin, 101 A.D.2d 71, 77-78, lv denied 63 N.Y.2d 711).

Defendant further contends that this Court should direct reconstruction of an unrecorded bench conference that occurred during the prosecutor's cross-examination of defendant. Defendant's presence was not required at that bench conference because it involved only a question of law ( see, People v Rodriguez, 85 N.Y.2d 586, 590-591). Thus, there is no need for a reconstruction hearing. Finally, the fact that defendant was sentenced to a term of incarceration greater than that offered as part of a pretrial plea offer does not render the sentence unduly harsh ( see, People v. Maddox, 272 A.D.2d 884, 885, lv denied 95 N.Y.2d 867; People v. Rogers, 245 A.D.2d 1041, 1041-1042), nor is the sentence otherwise unduly harsh or severe.


Summaries of

People v. Gibson

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 7, 2001
280 A.D.2d 903 (N.Y. App. Div. 2001)
Case details for

People v. Gibson

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. MARCELLUS…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Feb 7, 2001

Citations

280 A.D.2d 903 (N.Y. App. Div. 2001)
720 N.Y.S.2d 438

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