From Casetext: Smarter Legal Research

People v. Anonymous

Appellate Division of the Supreme Court of New York, First Department
Apr 23, 2002
293 A.D.2d 374 (N.Y. App. Div. 2002)

Opinion

818

April 23, 2002.

Judgment, Supreme Court, New York County (Charles Solomon, J.), rendered October 31, 2000, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him to a term of 11½ years, unanimously affirmed.

FRANK GLASER, for respondent.

REBECCA JACOBSTEIN, for defendant-appellant.

Before: Williams, P.J., Mazzarelli, Saxe, Lerner, Marlow, JJ.


Defendant's claim that the court considered an improper factor in imposing sentence requires preservation (see, People v. Harrison, 82 N.Y.2d 693), and we decline to review this unpreserved claim in the interest of justice. Were we to review this claim, we would find that the record fails to support defendant's contention that his perjury before the Grand Jury in the instant case was one of the factors considered by the court in imposing sentence. In any event, even assuming, arguendo, that such perjury was among the factors influencing the sentence, this was appropriate, particularly since the falsity of defendant's Grand Jury testimony was conceded at sentencing (see, United States v. Grayson, 438 U.S. 41). We perceive no basis for a reduction of sentence. We note that the sentence was well below the maximum sentence defendant could have received pursuant to his plea agreement.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Anonymous

Appellate Division of the Supreme Court of New York, First Department
Apr 23, 2002
293 A.D.2d 374 (N.Y. App. Div. 2002)
Case details for

People v. Anonymous

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. ANONYMOUS…

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

Date published: Apr 23, 2002

Citations

293 A.D.2d 374 (N.Y. App. Div. 2002)
740 N.Y.S.2d 212

Citing Cases

People v. White

Moreover, the narrow exception to the preservation rule was not triggered since defendant did not make any…

People v. Rosado

Based upon those findings and the jury's verdict, defendant was sentenced to 4 to 12 years in prison. As…