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People v. Pendese

Appellate Division of the Supreme Court of New York, First Department
Mar 9, 1993
191 A.D.2d 220 (N.Y. App. Div. 1993)

Opinion

March 9, 1993

Appeal from the Supreme Court, New York County (Jeffrey Atlas, J.).


Defendant's claims of error by the trial court in its charge to the jury are unpreserved by appropriate and timely exception for appellate review as a matter of law (CPL 470.05; People v Thomas, 50 N.Y.2d 467). In any event, the charge considered as a whole, while not a model for others, conveyed the appropriate legal principles (People v. Hurk, 165 A.D.2d 687, 688, lv denied 76 N.Y.2d 1021).

As the force encompassed by the reckless endangerment count was charged to the jury as a material element of the robbery counts, the sentence on the reckless endangerment count should have been imposed to run concurrently with the sentences imposed on the robbery counts (People v. Smiley, 121 A.D.2d 274, 275, lv denied 68 N.Y.2d 817).

We have considered defendant's additional arguments and find them to be without merit.

Concur — Murphy, P.J., Sullivan, Rosenberger, Asch and Rubin, JJ.


Summaries of

People v. Pendese

Appellate Division of the Supreme Court of New York, First Department
Mar 9, 1993
191 A.D.2d 220 (N.Y. App. Div. 1993)
Case details for

People v. Pendese

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SIMON PENDESE, Also…

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

Date published: Mar 9, 1993

Citations

191 A.D.2d 220 (N.Y. App. Div. 1993)
594 N.Y.S.2d 244