Appellate Division of the Supreme Court of New York, 2004

People v. Rivera

Appellate Division of the Supreme Court of New York · Decided May 27, 2004

7 A.D.3d 471; 776 N.Y.S.2d 806; 2004 N.Y. App. Div. LEXIS 7332

Cases that cite this one

1 later published case cites this decision.

People v. Peck (Appellate Division of the Supreme Court of New York 2006)

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, Supreme Court, New York County (Rosalyn Richter, J.), rendered June 1, 2001, convicting defendant, after a jury trial, of murder in the second degree, manslaughter in the first degree, assault in the first degree (four counts) and criminal possession of a weapon in the second and third degrees, and sentencing him, to concurrent terms of 25 years to life, 25 years (five terms), 15 years and 7 years, unanimously affirmed.

Defendant’s present claims regarding the jury charge and the constitutionality of the depraved indifference statutes are *472unpreserved (see People v Turriago, 90 NY2d 77, 83-84 [1997]), and we decline to review them in the interest of justice. Were we to review these claims, we would reject them (see People v Mannix, 302 AD2d 297 [2003], lv denied 100 NY2d 622 [2003]; People v Monserate, 256 AD2d 15 [1998], lv denied 93 NY2d 855 [1999]).

We perceive no basis for reducing the sentence. Concur— Nardelli, J.P., Lerner, Friedman, Marlow and Gonzalez, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.