Appellate Division of the Supreme Court of New York, 2001

People v. Wheeler

Appellate Division of the Supreme Court of New York · Decided March 21, 2001

281 A.D.2d 949; 722 N.Y.S.2d 446; 2001 N.Y. App. Div. LEXIS 2891

Cases that cite this one

3 later published cases cite this decision.

People v. Thomas (Appellate Division of the Supreme Court of New York 2003)
People v. Martinez (Appellate Division of the Supreme Court of New York 2002)
People v. Witzigman (Appellate Division of the Supreme Court of New York 2002)

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

Judgment *950unanimously affirmed. Memorandum: We reject the contention of defendant that he was denied effective assistance of counsel (see, People v Flores, 84 NY2d 184, 189). County Court’s Sandoval compromise reflects a proper exercise of the court’s discretion (see, People v Walker, 83 NY2d 455, 458-459; People v Davis, 168 AD2d 218, lv denied 77 NY2d 876). The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 NY2d 620, 621), is legally sufficient to support the conviction. Defendant failed to preserve for our review his contention that prosecutorial misconduct deprived him of a fair trial (see, CPL 470.05 [2]; People v Balls, 69 NY2d 641, 642), and we decline to exercise our power to review it as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). The sentence is not unduly harsh or severe. (Appeal from Judgment of Steuben County Court, Furfure, J. — Aggravated Unlicensed Operation Motor Vehicle, 1st Degree.) Present— Pigott, Jr., P. J., Green, Wisner, Kehoe and Burns, JJ.

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