From Casetext: Smarter Legal Research

People v. Rivers

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 1999
262 A.D.2d 108 (N.Y. App. Div. 1999)

Summary

holding that court "properly exercised its discretion in permitting family members of a police officer who died during incident to speak at sentencing even though defendant was acquitted of all charges relating to the officer" but convicted of second-degree assault

Summary of this case from Hernandez v. D.M. Unger

Opinion

June 10, 1999.

Appeal from the Supreme Court, Bronx County (Martin Marcus, J.).


The court properly refused defendant's request for a charge on the defense of intoxication. The evidence of intoxication, although properly admitted as relevant to certain counts of which defendant was acquitted, did not rise to the level required for an intoxication charge ( see, People v. Gaines, 83 N.Y.2d 925, 927; People v. Rodriguez, 76 N.Y.2d 918, 920-921; People v. Felix, 232 A.D.2d 228, lv denied 89 N.Y.2d 864).

We perceive no abuse of sentencing discretion. Defendant's claim that the sentencing court improperly considered the charges of which defendant was acquitted is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court carefully and explicitly stated on the record that it was imposing sentence solely upon the charges as reflected in the jury's verdict. The court properly exercised its discretion in permitting family members of a police officer who died during this incident to speak at sentencing even though defendant was acquitted of all charges relating to the officer. Even if these persons were not "victims" within the meaning of CPL 380.50(2)(a) ( but see, CPL 380.50[a][1]), we read the statute as granting victims the right to make statements at sentencing, not as limiting the court's discretion to permit additional persons to speak. In any event, the court explicitly stated that it was not considering these statements in imposing sentence.

Concur — Sullivan, J.P., Williams, Wallach, Lerner and Friedman, JJ.


Summaries of

People v. Rivers

Appellate Division of the Supreme Court of New York, First Department
Jun 10, 1999
262 A.D.2d 108 (N.Y. App. Div. 1999)

holding that court "properly exercised its discretion in permitting family members of a police officer who died during incident to speak at sentencing even though defendant was acquitted of all charges relating to the officer" but convicted of second-degree assault

Summary of this case from Hernandez v. D.M. Unger

In People v Rivers (262 AD2d 108, 108-109 [1st Dept 1999]),[2] the First Department explicitly held that CPL 380.50 should be read as affirmatively "granting victims the right to make statements at sentencing, not as limiting the court's discretion to permit additional persons to speak."

Summary of this case from People v. Bolson
Case details for

People v. Rivers

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY R. RIVERS…

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

Date published: Jun 10, 1999

Citations

262 A.D.2d 108 (N.Y. App. Div. 1999)
691 N.Y.S.2d 488

Citing Cases

People v. Sims

The defendant's unpreserved contention that the merger doctrine applies to other offenses for which he was…

People v. Sims

The defendant's unpreserved contention that the merger doctrine applies to other offenses for which he was…