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People v. Campbell

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 13, 1998
248 A.D.2d 997 (N.Y. App. Div. 1998)

Opinion

March 13, 1998

Appeal from Judgment of Supreme Court, Monroe County, Wisner, J. — Criminal Possession Controlled Substance, 3rd Degree.

Present — Denman, P. J., Hayes, Balio, Boehm and Fallon, JJ.


Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant refused Supreme Court's offer to give a curative instruction after the court denied defendant's postsummation motion for a mistrial. Thus, defendant waived his contention that he was denied a fair trial by prosecutorial misconduct on summation (see, People v. Restivo, 226 A.D.2d 1106, lv denied 88 N.Y.2d 883; People v. Lasage, 221 A.D.2d 1006, lv denied 88 N.Y.2d 849). In any event, the conduct complained of was not so egregious as to require reversal (see, People v. Tolliver, 217 A.D.2d 978, lv denied 86 N.Y.2d 847).

The definite sentence of six months' incarceration imposed upon defendant's conviction of loitering in the first degree is illegal (see, Penal Law § 70.15), and thus we sentence defendant to a concurrent term of incarceration of three months on that count.


Summaries of

People v. Campbell

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 13, 1998
248 A.D.2d 997 (N.Y. App. Div. 1998)
Case details for

People v. Campbell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CALVIN CAMPBELL…

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

Date published: Mar 13, 1998

Citations

248 A.D.2d 997 (N.Y. App. Div. 1998)
670 N.Y.S.2d 136

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