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People v. Bright

Appellate Division of the Supreme Court of New York, First Department
Dec 3, 1998
256 A.D.2d 50 (N.Y. App. Div. 1998)

Opinion

December 3, 1998

Appeal from the Supreme Court, New York County (Harold Rothwax, J.).


Defendant's contention that the court's questioning of the witnesses and its rendition of a verdict 10 minutes after summations demonstrate that the court engaged in "`premature deliberations'" is unpreserved for appellate review (People v. Wilson, 243 A.D.2d 316, 317, lv denied 91 N.Y.2d 1014; People v. Lloyd, 210 A.D.2d 163, lv denied 85 N.Y.2d 864), and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court was entitled to analyze the evidence as it unfolded (supra), and that neither the court's questioning of witnesses nor the fact that the court rendered a verdict shortly after summations establish that it engaged in premature deliberations (see, People v. Carter, 63 N.Y.2d 530, 539; People v. Jennings, 144 A.D.2d 696).

We perceive no abuse of discretion in sentencing.

Concur — Sullivan, J. P., Milonas, Tom and Mazzarelli, JJ.


Summaries of

People v. Bright

Appellate Division of the Supreme Court of New York, First Department
Dec 3, 1998
256 A.D.2d 50 (N.Y. App. Div. 1998)
Case details for

People v. Bright

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL BRIGHT, Appellant

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

Date published: Dec 3, 1998

Citations

256 A.D.2d 50 (N.Y. App. Div. 1998)
680 N.Y.S.2d 848

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