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People v. Severino

Appellate Division of the Supreme Court of New York, First Department
Oct 9, 2003
309 A.D.2d 571 (N.Y. App. Div. 2003)

Opinion

1809

October 9, 2003.

Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered December 19, 2000, convicting defendant, after a jury trial, of attempted murder in the second degree and assault in the first degree, and sentencing him to concurrent terms of 12½ to 25 years, unanimously affirmed.

Hope Korenstein, for respondent.

Betsy Hutchings, for defendant-appellant.

Before: Nardelli, J.P., Tom, Sullivan, Ellerin, Friedman, JJ.


The court properly admitted a detective's testimony concerning his investigative steps, including preparation of a wanted card, since this testimony provided a narrative of events leading to defendant's arrest (see e.g. People v. Parris 247 A.D.2d 221, 222, lv denied 91 N.Y.2d 944), and did not imply that a nontestifying witness had implicated defendant. In any event, were we to find any error in the receipt of this testimony, we would find it to be harmless. Defendant's confrontation clause claim is unpreserved and unavailing (see People v. Jenkins, 302 A.D.2d 247, 249).

We perceive no basis for reducing the sentence.

Defendant's remaining contentions, including those relating to the criteria employed by the court in imposing sentence (see People v. Harrison, 82 N.Y.2d 693), are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Severino

Appellate Division of the Supreme Court of New York, First Department
Oct 9, 2003
309 A.D.2d 571 (N.Y. App. Div. 2003)
Case details for

People v. Severino

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAVIER SEVERINO…

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

Date published: Oct 9, 2003

Citations

309 A.D.2d 571 (N.Y. App. Div. 2003)
765 N.Y.S.2d 502

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