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People v. Welch

Appellate Division of the Supreme Court of New York, First Department
Mar 23, 1999
259 A.D.2d 376 (N.Y. App. Div. 1999)

Opinion

March 23, 1999

Appeal from the Supreme Court, New York County (Juanita Bing Newton, J.).


The court properly denied defendant's motion for dismissal of the superseding indictment on statutory speedy trial grounds, since the superseding indictment was sought before trial had commenced by the selection and swearing in of the jury ( see, CPL 200.80, 260.30 Crim. Proc. [1]; 270.05 [2]), and since trial commenced within the applicable six-month period permitted, with applicable exclusions, dating back to the filing of the original accusatory instrument ( People v. Sinistaj, 67 N.Y.2d 236).

Defendant did not preserve his current claims of prosecutorial misconduct during summation ( see, People v. Molina, 242 A.D.2d 453, lv denied 91 N.Y.2d 895), and we decline to review the claims in the interest of justice. Were we to review them, we would find no basis for reversal ( see, People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).

We find the sentence excessive to the extent indicated.

Concur — Ellerin, P. J., Lerner, Andrias and Saxe, JJ.


Summaries of

People v. Welch

Appellate Division of the Supreme Court of New York, First Department
Mar 23, 1999
259 A.D.2d 376 (N.Y. App. Div. 1999)
Case details for

People v. Welch

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDMUND WELCH, Appellant

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

Date published: Mar 23, 1999

Citations

259 A.D.2d 376 (N.Y. App. Div. 1999)
687 N.Y.S.2d 122