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People v. Pitkin

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 1999
267 A.D.2d 1021 (N.Y. App. Div. 1999)

Opinion

December 30, 1999

Appeal from Judgment of Jefferson County Court, Clary, J. — Burglary, 1st Degree.

Judgment unanimously affirmed.

PRESENT: GREEN, J. P., LAWTON, PIGOTT, JR., SCUDDER AND CALLAHAN, JJ.


Memorandum:

We reject defendant's contention that the testimony of the accomplice was not sufficiently corroborated ( see, CPL 60.22; People v. La Porte, 217 A.D.2d 821, 821-822). The evidence is legally sufficient to support the conviction ( see, People v. Yopp, 142 A.D.2d 982, 983, lv denied 72 N.Y.2d 1051), and the verdict is not contrary to the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). Defendant's contention that the verdict is repugnant is not preserved for our review ( see, CPL 470.05; People v. Alfaro, 66 N.Y.2d 985, 987), 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[a]). The evidence, the law and the circumstances of this case, viewed in totality and as of the time of the representation, establish that defendant received meaningful representation ( see, People v. Baldi, 54 N.Y.2d 137, 147). By failing to make a pretrial motion to dismiss the indictment based upon the discrepancy between the burglary charge listed in the cover sheet and the charge in the first count of the indictment ( see, CPL 210.20[a]; 210.25 Crim. Proc.), defendant waived his contention that the indictment is facially defective ( see, People v. Iannone, 45 N.Y.2d 589, 600; see also, People v. Dumblewski, 61 A.D.2d 875, 876). The sentence is not unduly harsh or severe. Defendant's remaining contention is not preserved for our review ( see, CPL 470.05), 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[a]).


Summaries of

People v. Pitkin

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 30, 1999
267 A.D.2d 1021 (N.Y. App. Div. 1999)
Case details for

People v. Pitkin

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. BRADLEY PITKIN…

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

Date published: Dec 30, 1999

Citations

267 A.D.2d 1021 (N.Y. App. Div. 1999)
701 N.Y.S.2d 198

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