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People v. Pinnero

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1986
125 A.D.2d 421 (N.Y. App. Div. 1986)

Opinion

December 8, 1986

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


Ordered that the judgment is affirmed.

The record reveals that the defendant failed to raise his present contentions concerning alleged errors in the jury charge in the court of first instance. Thus, he has failed, as a matter of law, to preserve those issues for appellate review (see, People v. Chin, 67 N.Y.2d 22; People v. Cona, 49 N.Y.2d 26; People v. Rios, 100 A.D.2d 521). In any event, we note that the court's charge concerning accessorial liability and intoxication was proper.

Additionally, we find the sentence imposed to be well within the bounds of the court's sound discretion and neither harsh nor excessive in view of the defendant's history of criminal activity and the serious nature of the instant offense (see, People v Farrar, 52 N.Y.2d 302; People v. Suitte, 90 A.D.2d 80). Niehoff, J.P., Rubin, Eiber and Kunzeman, JJ., concur.


Summaries of

People v. Pinnero

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1986
125 A.D.2d 421 (N.Y. App. Div. 1986)
Case details for

People v. Pinnero

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NOEL PINNERO, Appellant

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

Date published: Dec 8, 1986

Citations

125 A.D.2d 421 (N.Y. App. Div. 1986)

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