From Casetext: Smarter Legal Research

People v. York

Appellate Division of the Supreme Court of New York, Second Department
Jun 25, 1990
162 A.D.2d 748 (N.Y. App. Div. 1990)

Opinion

June 25, 1990

Appeal from the Supreme Court, Queens County (Naro, J.).


Ordered that the judgments are affirmed.

The defendant failed to object to the introduction at the trial of indictment No. 3038/85 of evidence which allegedly referred to uncharged crimes. Therefore, the issue has not been preserved for appellate review (see, People v. Salcedo, 150 A.D.2d 624; CPL 470.05).

We reject the defendant's claim that the Supreme Court improperly considered information contained in the probation report regarding unrelated crimes of a similar nature committed by the defendant. The court, in imposing sentence under indictment No. 3038/85, properly considered those pending indictments (see, People v. Cunningham, 153 A.D.2d 700; People v Shapiro, 141 A.D.2d 577, 579). As the sentences imposed were within the bounds of the applicable sentencing statute and not excessive under the circumstances of the case, we decline to disturb them (see, People v. Suitte, 90 A.D.2d 80).

We have considered the defendant's remaining contentions and find that they are without merit (cf., People v. Clark, 45 N.Y.2d 432; People v. Taylor, 160 A.D.2d 966). Thompson, J.P., Sullivan, Harwood and Miller, JJ., concur.


Summaries of

People v. York

Appellate Division of the Supreme Court of New York, Second Department
Jun 25, 1990
162 A.D.2d 748 (N.Y. App. Div. 1990)
Case details for

People v. York

Case Details

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

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

Date published: Jun 25, 1990

Citations

162 A.D.2d 748 (N.Y. App. Div. 1990)
557 N.Y.S.2d 137

Citing Cases

People v. Williams

Also without merit is the defendant's argument that he was denied potentially exculpatory information when…

People v. Santana

Moreover, inconsistencies in the testimony of the witnesses and the weight to be accorded to the evidence…