People v. Harper
Cases that cite this one
3 later published cases cite this decision.
- People v. Thompson (Appellate Division of the Supreme Court of New York 2005)
- People v. Saving (Appellate Division of the Supreme Court of New York 2001)
- People v. Roger (Appellate Division of the Supreme Court of New York 2001)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
—Appeal by the defendant from a judgment of the Supreme Court, Kangs County (Ruchelsman, J.), rendered October 29, 1997, convicting her of assault in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s challenge to certain portions of the prosecutor’s summation are either unpreserved for appellate review (see, CPL 470.05 [2]; People v Cuffy, 265 AD2d 421; People v Nuccie, 57 NY2d 818, 819) or without merit.
The Supreme Court providently exercised its discretion by admitting into evidence photographs depicting the victim’s injuries (see, People v Mastropietro, 232 AD2d 725).
Contrary to the defendant’s contention, “[m]ere eligibility for youthful offender status does not mandate youthful offender treatment, and the grant of such a benefit lies wholly within the discretion of the court” (People v Vera, 206 AD2d 494; see, People v Cuffy, supra; People v Barr, 168 AD2d 625; People v Williams, 124 AD2d 615). Here, the Supreme Court properly exercised its discretion in denying the defendant youthful offender status (see, People v Cuffy, supra; People v Vera, supra; People v Rivas, 246 AD2d 488). Ritter, J. P., S. Miller, McGinity and Feuerstein, JJ., concur.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.