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People v. Capita

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 2003
306 A.D.2d 291 (N.Y. App. Div. 2003)

Opinion

2001-00043

Argued January 27, 2003.

June 2, 2003.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered December 4, 2000, convicting him of grand larceny in the third degree (three counts), upon a jury verdict, and imposing sentence. Justice Krausman has been substituted for the late Justice O'Brien (see 22 NYCRR 670.1[c]).

Lynn W. L. Fahey, New York, N.Y. (David L. Duncan of counsel), for appellant.

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

Before: SONDRA MILLER, J.P., GABRIEL M. KRAUSMAN, WILLIAM D. FRIEDMANN, BARRY A. COZIER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

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

The defendant's remaining contentions are unpreserved for appellate review and we decline to review them in the exercise of our interest of justice jurisdiction.

S. MILLER, J.P., KRAUSMAN, FRIEDMANN and COZIER, JJ., concur.


Summaries of

People v. Capita

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 2003
306 A.D.2d 291 (N.Y. App. Div. 2003)
Case details for

People v. Capita

Case Details

Full title:THE PEOPLE, ETC., respondent, v. JOSE CAPITA, appellant

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

Date published: Jun 2, 2003

Citations

306 A.D.2d 291 (N.Y. App. Div. 2003)
760 N.Y.S.2d 346