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People v. Garner

Appellate Division of the Supreme Court of New York, First Department
Jan 17, 2002
290 A.D.2d 314 (N.Y. App. Div. 2002)

Opinion

5884-5884A

January 17, 2002.

Judgment, Supreme Court, New York County (Harold Beeler, J.), rendered July 12, 1999, convicting defendant, after a jury trial, of robbery in the first and second degrees and attempted robbery in the first and second degrees, and sentencing her to concurrent terms of 4 to 8 years, 3 to 6 years, 3 to 6 years and 2 to 4 years, and judgment, same court (Carol Berkman, J. at plea; Harold Beeler, J. at sentence), rendered July 12, 1999, convicting defendant of attempted robbery in the second degree, and sentencing her to a consecutive term of 2 to 4 years, unanimously affirmed.

Christopher Sanders for respondent.

Cheryl Williams for defendant-appellant.

Before: Williams, J.P., Tom, Rosenberger, Wallach, Marlow, JJ.


Defendant's challenges to the prosecutor's summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find no basis for reversal (see, People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976; People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884). We note that defendant's arguments are generally similar to arguments rejected by this Court on the codefendant's appeal (People v. Ramos, 284 A.D.2d 136).

Defendant's procedural challenge to her sentencing is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find no reason to remand for resentencing based on a new pre-sentence report. We perceive no basis for reduction of sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Garner

Appellate Division of the Supreme Court of New York, First Department
Jan 17, 2002
290 A.D.2d 314 (N.Y. App. Div. 2002)
Case details for

People v. Garner

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT v. CRYSTAL GARNER…

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

Date published: Jan 17, 2002

Citations

290 A.D.2d 314 (N.Y. App. Div. 2002)
736 N.Y.S.2d 217