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People v. Jones

Appellate Division of the Supreme Court of New York, Second Department
Sep 8, 1997
242 A.D.2d 542 (N.Y. App. Div. 1997)

Opinion

September 8, 1997

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


Ordered that the judgment is modified, on the law, by vacating the sentence imposed upon the conviction of reckless endangerment in the first degree; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for resentencing in accordance herewith.

It is well settled that a trial court, in the proper exercise of its supervisory role, may participate evenhandedly in the proceedings in order to clarify issues and facilitate the expeditious and orderly progress of a trial ( see, People v Jamison, 47 N.Y.2d 882; People v. Vargas, 150 A.D.2d 513). Contrary to the defendant's contention, the trial court's conduct did not exceed permissible bounds of participation.

The defendant is correct, however, that he must be resentenced on the conviction for reckless endangerment in the first degree. That crime is not a violent felony, but the defendant was sentenced for that crime as a persistent violent felony offender ( see, People v. Scruggs, 201 A.D.2d 514).

The sentences imposed upon the convictions of murder in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree were not excessive ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

O'Brien, J.P., Sullivan, Altman and McGinity, JJ., concur.


Summaries of

People v. Jones

Appellate Division of the Supreme Court of New York, Second Department
Sep 8, 1997
242 A.D.2d 542 (N.Y. App. Div. 1997)
Case details for

People v. Jones

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONTEZ JONES, Appellant

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

Date published: Sep 8, 1997

Citations

242 A.D.2d 542 (N.Y. App. Div. 1997)
662 N.Y.S.2d 79

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