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People v. Juan Aracena

Appellate Division of the Supreme Court of New York, First Department
Oct 1, 1996
232 A.D.2d 153 (N.Y. App. Div. 1996)

Opinion

October 1, 1996.

Before: Murphy, P.J., Wallach, Kupferman, Williams and Mazzarelli, JJ.

Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered on or about October 26, 1993, convicting defendant, after a jury trial, of assault in the first degree and criminal possession of a weapon in the second and third degrees, and sentencing defendant to concurrent terms of 4 to 12 years, 2½ to 7½ years and ½ to 4½ years, respectively, unanimously affirmed.


Defendant's bolstering claim is unpreserved as a matter of law ( People v West, 56 NY2d 662), and, in any event, without merit, since the officer did not testify that defendant was identified by the victim ( People v Carolina, 211 AD2d 454, lv denied 85 NY2d 860). Defendant's summation challenges are also un-preserved ( People v Dien, 77 NY2d 885), and we decline to review them in the interest of justice. In any event, we find them lacking in merit.


Summaries of

People v. Juan Aracena

Appellate Division of the Supreme Court of New York, First Department
Oct 1, 1996
232 A.D.2d 153 (N.Y. App. Div. 1996)
Case details for

People v. Juan Aracena

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN ARACENA, Appellant

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

Date published: Oct 1, 1996

Citations

232 A.D.2d 153 (N.Y. App. Div. 1996)
647 N.Y.S.2d 471

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