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State v. Rivera

Appellate Division of the Supreme Court of New York, First Department
May 6, 2008
51 A.D.3d 447 (N.Y. App. Div. 2008)

Opinion

No. 3587.

May 6, 2008.

Judgment, Supreme Court, Bronx County (Ralph A. Fabrizio, J.), rendered March 21, 2006, convicting defendant, after a jury trial, of two counts of operating a motor vehicle while under the influence of alcohol, and sentencing him to concurrent terms of 1/13; to 4 years and a fine of $2,500, unanimously affirmed.

Tilem Campbell, LLP, White Plains (John Campbell of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Alexis Pimentel of counsel), for respondent.

Before: Lippman, P.J., Saxe, Buckley and Acosta, JJ.


Defendant's claims regarding the prosecutor's summation are unpreserved and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits ( see People v Overlee, 236 AD2d 133, lv denied 91 NY2d 976; People v D'Alessandro, 184 AD2d 114, 118-119, lv denied 81 NY2d 884).

Contrary to defendant's contention, the record establishes that the sentencing court did not consider the crime of which defendant was acquitted.


Summaries of

State v. Rivera

Appellate Division of the Supreme Court of New York, First Department
May 6, 2008
51 A.D.3d 447 (N.Y. App. Div. 2008)
Case details for

State v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALFREDO RIVERA…

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

Date published: May 6, 2008

Citations

51 A.D.3d 447 (N.Y. App. Div. 2008)
2008 N.Y. Slip Op. 4198
855 N.Y.S.2d 897