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People v. Harper

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 2000
270 A.D.2d 431 (N.Y. App. Div. 2000)

Opinion

Submitted February 15, 2000

March 23, 2000

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered October 29, 1997, convicting her of assault in the first degree, upon a jury verdict, and imposing sentence.

Spencer A. Leeds, Brooklyn, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Michael Gore, and Brenda R. Hall of counsel), for respondent.

DAVID S. RITTER, J.P., SONDRA MILLER, LEO F. McGINITY, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's challenge to certain portions of the prosecutor's summation are either unpreserved for appellate review (see, CPL 470.05[2]; People v. Cuffy, 265 A.D.2d 421 [2d Dept., Oct. 12, 1999]; People v. Nuccie, 57 N.Y.2d 818, 819 ) or without merit.

The Supreme Court providently exercised its discretion by admitting into evidence photographs depicting the victim's injuries (see, People v. Mastropietro, 232 A.D.2d 725 ).

Contrary to the defendant's contention, "[m]ere eligibility for youthful offender status does not mandate youthful offender treatment, and the grant of such a benefit lies wholly within the discretion of the court" (People v. Vera, 206 A.D.2d 494 ; see, People v. Cuffy, supra,; People v. Barr, 168 A.D.2d 625 ; People v. Williams, 124 A.D.2d 615 ). Here, the Supreme Court properly exercised its discretion in denying the defendant youthful offender status (see, People v. Cuffy, supra; People v. Vera, supra;People v. Rivas, 246 A.D.2d 488 ).

RITTER, J.P., S. MILLER, McGINITY, and FEUERSTEIN, JJ., concur.


Summaries of

People v. Harper

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 2000
270 A.D.2d 431 (N.Y. App. Div. 2000)
Case details for

People v. Harper

Case Details

Full title:THE PEOPLE, etc., respondent, v. JANETTE HARPER, appellant. (Ind. No…

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

Date published: Mar 23, 2000

Citations

270 A.D.2d 431 (N.Y. App. Div. 2000)
705 N.Y.S.2d 268

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