From Casetext: Smarter Legal Research

People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Dec 8, 1998
256 A.D.2d 86 (N.Y. App. Div. 1998)

Opinion

December 8, 1998

Appeal from the Supreme Court, New York County (Joan Sudolnik, J.).


Defendant's various challenges to the court's receipt of expert testimony are unpreserved ( People v. Graves, 85 N.Y.2d 1024; People v. Tevaha, 84 N.Y.2d 879, 881), and we decline to review them in the interest of justice. Were we to review these claims, we would find that the arresting officer was properly permitted to explain the various schemes of participants in pickpocketing ( People v. Right, 180 A.D.2d 430, lv denied 79 N.Y.2d 952). This brief and limited testimony had a sufficient factual predicate and did not suggest that defendant committed uncharged crimes.

We perceive no abuse of sentencing discretion.

Concur — Sullivan, J. P., Rosenberger, Wallach and Mazzarelli, JJ.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Dec 8, 1998
256 A.D.2d 86 (N.Y. App. Div. 1998)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LIONEL SMITH, Also…

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

Date published: Dec 8, 1998

Citations

256 A.D.2d 86 (N.Y. App. Div. 1998)
682 N.Y.S.2d 571