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People v. Joseph

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1985
110 A.D.2d 716 (N.Y. App. Div. 1985)

Opinion

April 8, 1985

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


Judgment affirmed.

It was not error for the Trial Judge to refuse defendant's request to charge the lesser included offense of criminal trespass. No reasonable view of the evidence would support a finding that defendant committed such lesser offense but did not commit the greater ( People v. Blim, 63 N.Y.2d 718; People v Glover, 57 N.Y.2d 61; People v. Scarborough, 49 N.Y.2d 364).

Defendant's challenge to the excessiveness of the sentence imposed has been considered and has been found to be without merit. There has been no abuse of discretion by the sentencing court. Defendant's extensive criminal history clearly justified the sentence imposed and, therefore, we decline to exercise our discretion and reduce the sentence in the interest of justice ( People v. Suitte, 90 A.D.2d 80). Titone, J.P., Bracken, Rubin and Lawrence, JJ., concur.


Summaries of

People v. Joseph

Appellate Division of the Supreme Court of New York, Second Department
Apr 8, 1985
110 A.D.2d 716 (N.Y. App. Div. 1985)
Case details for

People v. Joseph

Case Details

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

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

Date published: Apr 8, 1985

Citations

110 A.D.2d 716 (N.Y. App. Div. 1985)

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