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People v. Pulinario

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2001
280 A.D.2d 558 (N.Y. App. Div. 2001)

Opinion

Argued January 18, 2001.

February 13, 2001.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered July 31, 1997, convicting her of murder in the second degree, upon a jury verdict, and imposing sentence.

Robert C. Mitchell, Riverhead, N.Y. (Monroe A. Semble of counsel), for appellant.

James M. Catterson, Jr., District Attorney, Riverhead, N.Y. (Susan I. Braitman and Patricia A. Murphy of counsel; George Demos on the brief), for respondent.

Before: LAWRENCE J. BRACKEN, ACTING P.J., GLORIA GOLDSTEIN, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court properly limited the testimony of her psychologist upon the defendant's admission at trial that she lied to the People's expert during a pretrial psychiatric evaluation (see, People v. Almonor, 93 N.Y.2d 571; CPL 250.10).

The defendant' s argument that the evidence was legally insufficient to support the conviction is unpreserved for appellate review and, in any event, without merit (see, People v. Contes, 60 N.Y.2d 620). Upon the exercise of our factual review power, we find that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

The sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).


Summaries of

People v. Pulinario

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 2001
280 A.D.2d 558 (N.Y. App. Div. 2001)
Case details for

People v. Pulinario

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. KEILA PULINARIO, APPELLANT. (IND. NO…

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

Date published: Feb 13, 2001

Citations

280 A.D.2d 558 (N.Y. App. Div. 2001)
720 N.Y.S.2d 382

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