People v. Taylor
Opinion of the Court
—Ap
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him upon a jury verdict of robbery in the second degree (Penal Law § 160.10 [1]), robbery in the third degree (§ 160.05), and two counts of grand larceny in the fourth degree (§ 155.30 [4], [5]). In appeal No. 2, he appeals from a judgment convicting him upon his plea of guilty of attempted robbery in the first degree (§§ 110.00, 160.15 [4]). With respect to appeal No. 1, defendant failed to preserve for our review his contention that County Court erred in refusing to allow him to cross-examine a prosecution witness concerning the motive of that witness to lie (see People v George, 67 NY2d 817, 818-819 [1986]; People v Brown, 298 AD2d 176 [2002], lv denied 99 NY2d 556 [2002]; People v Rookey, 292 AD2d 783 [2002], lv denied 98 NY2d 701 [2002]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). Because we affirm the judgment of conviction in appeal No. 1, we reject defendant’s further contention that the plea in appeal No. 2 must be vacated (see People v Van Every, 1 AD3d 977 [2003]; People v Cato, 306 AD2d 914 [2003]; People v McCullough, 278 AD2d 915, 918 [2000], lv denied 96 NY2d 803 [2001]; cf. People v Fuggazzatto, 62 NY2d 862, 863 [1984]). Finally, neither the sentence imposed by the court in appeal No. 1 nor the bargained-for sentence in appeal No. 2 is unduly harsh or severe. Present—Hurlbutt, J.P, Scudder, Kehoe, Gorski and Hayes, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.