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People v. Leon

Appellate Division of the Supreme Court of New York, First Department
Sep 26, 2002
297 A.D.2d 605 (N.Y. App. Div. 2002)

Opinion

1644

September 26, 2002.

Judgment, Supreme Court, Bronx County (Eugene Oliver, Jr., J. at hearing; Daniel FitzGerald, J. at jury trial and sentence), rendered February 24, 1997, convicting defendant of murder in the second degree and criminal possession of a weapon in the second and third degrees, and sentencing him to an aggregate term of 25 years to life, unanimously affirmed.

CLARIS RAMOS SUKKAR, for respondent.

VICTOR SCHURR, for defendant-appellant.

Before: Mazzarelli, J.P., Andrias, Buckley, Sullivan, Lerner, JJ.


Defendant's challenges to the sufficiency and weight of the evidence presented by the People to disprove his justification defense are without merit. There was overwhelming proof of defendant's lack of justification, including evidence that defendant shot the victim 18 times, mostly in the back.

Defendant's suppression motion was properly denied. The record supports the hearing court's finding of voluntariness. Defendant's claim that his right to counsel was violated is unsupported by any factual record (see People v. Kinchen, 60 N.Y.2d 772).

The challenged portions of the prosecutor's summation were generally fair comment on the evidence in response to issues raised by defendant and did not deprive defendant of a fair trial (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).

The record does not establish that defendant's sentence was based on any improper criteria and we perceive no basis for reduction of sentence.

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

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


Summaries of

People v. Leon

Appellate Division of the Supreme Court of New York, First Department
Sep 26, 2002
297 A.D.2d 605 (N.Y. App. Div. 2002)
Case details for

People v. Leon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. FERNANDO LEON…

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

Date published: Sep 26, 2002

Citations

297 A.D.2d 605 (N.Y. App. Div. 2002)
747 N.Y.S.2d 358

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