People v. Miranda

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN MIRANDA, Appellant

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

Date published: Oct 9, 1997

243 A.D.2d 287 (N.Y. App. Div. 1997)

664 N.Y.S.2d 515

Opinion

October 9, 1997

Appeal from Supreme Court, Bronx County (Lawrence Bernstein, J.).

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence of unlawful intent. Furthermore, defendant may not raise for the first time on appeal a defense which he consciously and affirmatively chose not to present at trial ( see, People v Tarsia, 50 N.Y.2d 1, 8-9).

We perceive no abuse of sentencing discretion.

Concur — Sullivan, J.P., Rosenberger, Ellerin and Nardelli, JJ.