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People v. Nelson

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 1986
118 A.D.2d 596 (N.Y. App. Div. 1986)

Opinion

March 3, 1986

Appeal from the Supreme Court, Queens County (Clabby, J.).


Judgment modified, as a matter of discretion in the interest of justice, by reducing the minimum term of the sentence imposed from 25 to 15 years. As so modified, judgment affirmed.

Upon a review of the record, we find that legally sufficient evidence was presented, which, viewed in the light most favorable to the People, could have been found by a rational trier of fact to have established the essential elements of the crime beyond a reasonable doubt (see, People v. Contes, 60 N.Y.2d 620, 621).

Although some of the comments made by the prosecutor during his opening remarks and summation could be considered improper, any possible errors were harmless in light of the overwhelming evidence of defendant's guilt (see, People v Crimmins, 36 N.Y.2d 230, 243). The defendant's remaining claims of trial error are either unpreserved or without merit.

Finally, with respect to the sentence of 25 years to life imprisonment imposed on defendant, in the interest of justice the sentence is reduced to 15 years to life. Gibbons, J.P., Thompson, Brown and Weinstein, JJ., concur.


Summaries of

People v. Nelson

Appellate Division of the Supreme Court of New York, Second Department
Mar 3, 1986
118 A.D.2d 596 (N.Y. App. Div. 1986)
Case details for

People v. Nelson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN NELSON, Appellant

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

Date published: Mar 3, 1986

Citations

118 A.D.2d 596 (N.Y. App. Div. 1986)

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