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People v. Fernandez

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1986
121 A.D.2d 562 (N.Y. App. Div. 1986)

Opinion

June 16, 1986

Appeal from the Supreme Court, Queens County (Naro, J.).


Judgment affirmed.

The defendant's contention that the refusal of the trial court to grant his motion for severance resulted in the denial of his right to confrontation and a fair trial, pursuant to the rule of Bruton v. United States ( 391 U.S. 123), is without merit, since the codefendant's statement interlocked with the defendant's confession, and the jury was given appropriate limiting instructions (see, People v. Cruz, 66 N.Y.2d 61).

We decline to disturb the sentence imposed upon the defendant, as it was within the bounds of both the applicable sentencing statute and the court's sound discretion and we perceive no reason to substitute our discretion for that of the sentencing court (see, People v. Suitte, 90 A.D.2d 80). Weinstein, J.P., Niehoff, Kunzeman and Spatt, JJ., concur.


Summaries of

People v. Fernandez

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1986
121 A.D.2d 562 (N.Y. App. Div. 1986)
Case details for

People v. Fernandez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BIENBENITO FERNANDEZ…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 16, 1986

Citations

121 A.D.2d 562 (N.Y. App. Div. 1986)

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Petitioner appealed the judgment to the Supreme Court of the State of New York, Appellate Division, Second…