From Casetext: Smarter Legal Research

People v. Osier

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 2005
17 A.D.3d 609 (N.Y. App. Div. 2005)

Opinion

2004-00128.

April 15, 2005.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Carroll, J.), rendered December 15, 2003, convicting him of aggravated unlicensed operation of a motor vehicle in the first degree (two counts) and assault in the third degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Jay L. Weiner of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Tziyonah M. Langsam of counsel), for respondent.

Before: Cozier, J.P., S. Miller, Mastro and Skelos, JJ., concur.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court properly admitted evidence of the defendant's prior convictions of aggravated unlicensed operation of a motor vehicle to show the defendant's knowledge that his license was suspended ( see People v. Alvino, 71 NY2d 233, 242; People v. Molineux, 168 NY 264).

The sentence imposed was not excessive ( see People v. Suitte, 90 AD2d 80).

The defendant's remaining contentions either are unpreserved for appellate review ( see CPL 470.05) or without merit.


Summaries of

People v. Osier

Appellate Division of the Supreme Court of New York, Second Department
Apr 15, 2005
17 A.D.3d 609 (N.Y. App. Div. 2005)
Case details for

People v. Osier

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENICE OSIER, Appellant

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

Date published: Apr 15, 2005

Citations

17 A.D.3d 609 (N.Y. App. Div. 2005)
795 N.Y.S.2d 59

Citing Cases

People v. J.T.

Under VTL § 511(1)(a), "a person is guilty of the offense of aggravated unlicensed operation of a motor…

People v. Canton

The defendant's contention that evidence about his DMV abstract should not have been admitted because it…