From Casetext: Smarter Legal Research

People v. Burns

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1991
170 A.D.2d 690 (N.Y. App. Div. 1991)

Opinion

February 25, 1991

Appeal from the Supreme Court, Kings County (Goldstein, J.).


Ordered that the judgment is affirmed.

The defendant contends that the evidence was legally insufficient to support his conviction for criminal possession of a controlled substance in the third degree because there was no showing that he had dominion and control over the narcotics seized. However, this issue is not preserved for appellate review since the defendant failed to advance it before the trial court in support of his motion to dismiss the indictment at the close of the People's case (see, People v Hood, 156 A.D.2d 468; People v Cardona, 136 A.D.2d 556). Under the circumstances of this case, we decline to review this contention in the exercise of our interest of justice jurisdiction.

The sentence imposed was neither harsh nor excessive under the circumstances (see, People v Suitte, 90 A.D.2d 80, 83). Bracken, J.P., Lawrence, Rosenblatt and Ritter, JJ., concur.


Summaries of

People v. Burns

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1991
170 A.D.2d 690 (N.Y. App. Div. 1991)
Case details for

People v. Burns

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES BURNS, Appellant

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

Date published: Feb 25, 1991

Citations

170 A.D.2d 690 (N.Y. App. Div. 1991)

Citing Cases

People v. Hall

In addition, the defendant contends that the evidence was legally insufficient to support his conviction for…