Appellate Division of the Supreme Court of New York, 1990

People v. Cooper

People v. Cooper
Appellate Division of the Supreme Court of New York · Decided October 5, 1990
166 A.D.2d 888; 561 N.Y.S.2d 663; 1990 N.Y. App. Div. LEXIS 12123
People v. Cooper

Opinion of the Court

Judgment unanimously affirmed. Memorandum: None of defendant’s contentions requires reversal. The trial court’s limited questioning of the complainant was proper (see, People v De Jesus, 42 NY2d 519, 523) and the complainant’s reference to a prior incident involving the defendant was not so prejudicial that it denied defendant a fair trial or subverted the court’s Sandoval ruling (see, People v Sandoval, 34 NY2d 371). On this record, defendant’s convictions for first degree burglary are supported by the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495), defendant received meaningful assistance of counsel (see, People v Baldi, 54 NY2d 137, 146-147; cf., People v Dombrowski, 163 AD2d 873), and defendant’s sentence is not excessive. (Appeal from judgment of Supreme Court, Erie County, Marshall, J.—burglary, first degree.) Present—Callahan, J. P., Denman, Green, Balio and Davis, JJ.

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