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People v. Phillips

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1994
208 A.D.2d 656 (N.Y. App. Div. 1994)

Opinion

October 11, 1994

Appeal from the Supreme Court, Queens County (Clabby, J.).


Ordered that the judgment is affirmed.

There is no merit to the defendant's contention that the alleged prosecutorial errors warrant reversal of his conviction. Not all of the alleged instances of prosecutorial misconduct were preserved for appellate review. In any event, in light of the overwhelming evidence of the defendant's guilt, any instances of prosecutorial misconduct were harmless (see, People v. Crimmins, 36 N.Y.2d 230).

The sentencing court had the discretion to impose consecutive sentences with respect to the theft of each of the three victim's pocketbooks, as the taking of each victim's pocketbook constituted a separate act, none of which constituted a material element of the other (see, People v. Brown, 80 N.Y.2d 361; People v. White, 192 A.D.2d 736). The imposition of consecutive sentences was appropriate, and the length of the sentences in this case was not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contention is without merit. Lawrence, J.P., Pizzuto, Friedmann and Krausman, JJ., concur.


Summaries of

People v. Phillips

Appellate Division of the Supreme Court of New York, Second Department
Oct 11, 1994
208 A.D.2d 656 (N.Y. App. Div. 1994)
Case details for

People v. Phillips

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DINO PHILLIPS…

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

Date published: Oct 11, 1994

Citations

208 A.D.2d 656 (N.Y. App. Div. 1994)
617 N.Y.S.2d 348

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