Appellate Division of the Supreme Court of New York, 2002

People v. Emmanus

Appellate Division of the Supreme Court of New York · Decided December 16, 2002

300 A.D.2d 504; 750 N.Y.S.2d 889

Cases that cite this one

4 later published cases cite this decision.

People v. Shahumyan (Appellate Division of the Supreme Court of New York 2004)
People v. Butler (Appellate Division of the Supreme Court of New York 2004)
People v. Ponder (Appellate Division of the Supreme Court of New York 2003)
People v. McCrae (Appellate Division of the Supreme Court of New York 2003)

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 (J. Goldberg, J.), rendered May 4, 2000, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the sentencing court improperly considered charges of which he was acquitted as a *505basis for imposing sentence is unpreserved for appellate review (see CPL 470.05 [2]), and, in any event, is without merit (see People v Robinson, 250 AD2d 629; see also People v Hall, 46 NY2d 873, 875, cert denied 444 US 848).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80). Altman, J.P., S. Miller, Adams and Cozier, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.