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People v. Garcia

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 2000
270 A.D.2d 498 (N.Y. App. Div. 2000)

Opinion

Argued February 22, 2000

March 30, 2000

Appeal by the defendant from (1) an amended judgment of the Supreme Court, Queens County (Dunlop, J.), rendered June 13, 1997, revoking a sentence of probation previously imposed by the same court, upon a finding that he had violated a condition thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of attempted criminal possession of a weapon in the third degree, under Indictment No. 1003/95, and (2) a judgment of the same court (Lewis, J.), rendered June 18, 1997, convicting him of robbery in the first degree, robbery in the second degree (two counts), and criminal possession of a weapon in the fourth degree, under Indictment No. 72/96, after a nonjury trial, and imposing sentence.

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

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, Lisa Drury, and Peter Mason of counsel), for respondent.

CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, THOMAS R. SULLIVAN, NANCY E. SMITH, JJ. DECISION ORDER


ORDERED that the amended judgment and the judgment are affirmed.

The defendant's contention that negative identification evidence was improperly admitted is unpreserved for appellate review (see, CPL 470.05[2]; People v. Wilder, 93 N.Y.2d 352 ;People v. Bolden, 58 N.Y.2d 741 ), and we decline to reach the issue in the exercise of our interest of justice jurisdiction.

O'BRIEN, J.P., RITTER, SULLIVAN, and SMITH, JJ., concur.


Summaries of

People v. Garcia

Appellate Division of the Supreme Court of New York, Second Department
Mar 30, 2000
270 A.D.2d 498 (N.Y. App. Div. 2000)
Case details for

People v. Garcia

Case Details

Full title:THE PEOPLE, ETC., respondent, v. JAIRO GARCIA, a/k/a ALEX SCARDATTA…

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

Date published: Mar 30, 2000

Citations

270 A.D.2d 498 (N.Y. App. Div. 2000)
706 N.Y.S.2d 879

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