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People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Oct 5, 1999
265 A.D.2d 158 (N.Y. App. Div. 1999)

Opinion

October 5, 1999

Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered January 17, 1996, convicting defendant, after a jury trial, of two counts of burglary in the second degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 20 years to life, unanimously affirmed.


Defendant's challenges to the court's circumstantial evidence charge are unpreserved (see, People v. Whalen, 59 N.Y.2d 273, 280), and we decline to review them in the interest of justice. Were we to review these claims, we would find that the charge as a whole conveyed the proper standards.

We perceive no abuse of sentencing discretion.

Concur — SULLIVAN, J.P., WILLIAMS, WALLACH, LERNER, FRIEDMAN, JJ.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, First Department
Oct 5, 1999
265 A.D.2d 158 (N.Y. App. Div. 1999)
Case details for

People v. Smith

Case Details

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

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

Date published: Oct 5, 1999

Citations

265 A.D.2d 158 (N.Y. App. Div. 1999)
696 N.Y.S.2d 411