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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 2000
278 A.D.2d 259 (N.Y. App. Div. 2000)

Opinion

Argued October 30, 2000.

December 6, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered July 14, 1997, convicting him of burglary in the first degree and aggravated harassment in the second degree (two counts), upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Amy Donner of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel), for respondent.

Before: WILLIAM D. FRIEDMANN, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contentions with respect to the trial court's instructions on burglary are unpreserved for appellate review and we decline to review them in the exercise of our interest of justice jurisdiction (see, CPL 470.05). The defendant's remaining contentions are either unpreserved for appellate review, without merit, or harmless in light of the overwhelming evidence of the defendant's guilt.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
Dec 6, 2000
278 A.D.2d 259 (N.Y. App. Div. 2000)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. ROLAND SMITH, APPELLANT. (IND. NO. 33/97)

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

Date published: Dec 6, 2000

Citations

278 A.D.2d 259 (N.Y. App. Div. 2000)
716 N.Y.S.2d 917

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