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People v. Butler

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 2000
278 A.D.2d 424 (N.Y. App. Div. 2000)

Opinion

Submitted November 13, 2000.

December 19, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered January 15, 1998, convicting him of murder in the second degree (two counts), attempted murder in the second degree, kidnapping in the first degree, kidnapping in the second degree, rape in the first degree (four counts), sodomy in the first degree (four counts), and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Jojo Annobil of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Joyce Slevin of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, FRED T. SANTUCCI, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the trial court's Sandoval ruling was a provident exercise of its discretion (see, People v. Turner, 239 A.D.2d 447; People v. Fernandez, 229 A.D.2d 447; see also, People v. Sandoval, 34 N.Y.2d 371).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).


Summaries of

People v. Butler

Appellate Division of the Supreme Court of New York, Second Department
Dec 19, 2000
278 A.D.2d 424 (N.Y. App. Div. 2000)
Case details for

People v. Butler

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. TIMOTHY BUTLER, APPELLANT. (IND. NO…

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

Date published: Dec 19, 2000

Citations

278 A.D.2d 424 (N.Y. App. Div. 2000)
718 N.Y.S.2d 635