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People v. Henriquez

Appellate Division of the Supreme Court of New York, First Department
Apr 20, 2000
271 A.D.2d 327 (N.Y. App. Div. 2000)

Opinion

April 20, 2000.

Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered March 10, 1998, convicting defendant, after a jury trial, of burglary in the first degree (two counts) and attempted robbery in the first degree, and sentencing him to concurrent terms of 8 to 16 years, 8 to 16 years, and 4 to 8 years, unanimously affirmed.

Christen A. Kirk, for respondent.

Laura Burde, for defendant-appellant.

ROSENBERGER, J.P., WILLIAMS, RUBIN, SAXE, BUCKLEY, JJ.


Defendant's challenge to the court's jury charge on the elements of attempted robbery in the first degree is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that any error in these instructions was harmless in light of the evidence and the issues raised by defendant at trial.

We perceive no abuse of sentencing discretion.

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


Summaries of

People v. Henriquez

Appellate Division of the Supreme Court of New York, First Department
Apr 20, 2000
271 A.D.2d 327 (N.Y. App. Div. 2000)
Case details for

People v. Henriquez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANKLIN HENRIQUEZ…

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

Date published: Apr 20, 2000

Citations

271 A.D.2d 327 (N.Y. App. Div. 2000)
705 N.Y.S.2d 893