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People v. LoCurto

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 1995
216 A.D.2d 167 (N.Y. App. Div. 1995)

Opinion

June 22, 1995

Appeal from the Supreme Court, New York County (Frederic Berman, J.).


While the prosecutor occasionally skirted the line of the Sandoval ruling, defendant was acquitted of almost all charges, and we discern no prejudice in connection with this conviction, especially since defendant admitted his possession of a loaded and operable unlicensed handgun.

Since it is inappropriate to submit a justification defense in connection with a possessory offense ( People v. Pons, 68 N.Y.2d 264; People v. Almodovar, 62 N.Y.2d 126; People v. AbdulHakeem, 172 A.D.2d 177, lv denied 78 N.Y.2d 960), we reject the present challenge to the submission of the defense for one, but not the other, possession count. Although the court initially misspoke in indicating prior to summations that the instruction would be submitted for both counts, we find no basis to reverse. Defendant did not adequately alert the court to the present claim prior to the charge being given and we reject the contention that counsel, in summation, otherwise might have focused more on another, not inconsistent, defense.

Finally, we do not find the sentence excessive.

Concur — Rosenberger, J.P., Ellerin, Ross, Williams and Tom, JJ.


Summaries of

People v. LoCurto

Appellate Division of the Supreme Court of New York, First Department
Jun 22, 1995
216 A.D.2d 167 (N.Y. App. Div. 1995)
Case details for

People v. LoCurto

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVEN LoCURTO…

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

Date published: Jun 22, 1995

Citations

216 A.D.2d 167 (N.Y. App. Div. 1995)
628 N.Y.S.2d 626

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