From Casetext: Smarter Legal Research

People v. Page

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 2004
6 A.D.3d 553 (N.Y. App. Div. 2004)

Opinion

2000-01266.

Decided April 12, 2004.

Appeal by the defendant from a judgment of the County Court, Nassau County (Kowtna, J.), rendered January 14, 2000, convicting him of robbery in the first degree (four counts) and robbery in the second degree (eight counts), upon a jury verdict, and imposing sentence.

Arza Feldman, Hauppauge, N.Y., for appellant.

Denis Dillon, District Attorney, Mineola, N.Y. (Denise Pavlides of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, NANCY E. SMITH, REINALDO E. RIVERA, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Under the circumstances, the trial court providently exercised its discretion denying the defendant's request for an expanded identification charge. A detailed identification charge is not necessarily required, and the identification charge, as given, accurately stated the law ( see People v. Knight, 87 N.Y.2d 873).

The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80). Contrary to the defendant's contention, the fact that the sentence imposed after trial was greater than the sentence offered during plea negotiations does not demonstrate that he was punished for asserting his right to proceed to trial ( see People v. Bellilli, 270 A.D.2d 355).

ALTMAN, J.P., FLORIO, SMITH and RIVERA, JJ., concur.


Summaries of

People v. Page

Appellate Division of the Supreme Court of New York, Second Department
Apr 12, 2004
6 A.D.3d 553 (N.Y. App. Div. 2004)
Case details for

People v. Page

Case Details

Full title:THE PEOPLE, ETC., respondent, v. DAVID PAGE, appellant

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

Date published: Apr 12, 2004

Citations

6 A.D.3d 553 (N.Y. App. Div. 2004)
774 N.Y.S.2d 403

Citing Cases

People v. Page

June 25, 2004. Appeal from the 2d Dept: 6 AD3d 553 (Nassau). Application in criminal case for leave to appeal…