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People v. Khork

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 3, 2008
859 N.Y.S.2d 879 (N.Y. App. Div. 2008)

Opinion

July 3, 2008.

Appeal from a judgment of the Steuben County Court (Marianne Furfure, J.), rendered October 10, 2006. The judgment convicted defendant, upon a jury verdict, of criminal trespass in the second degree.

Present: Scudder, P.J., Centra, Fahey, Peradotto and Pine, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of criminal trespass in the second degree (Penal Law § 140.15). Defendant failed to preserve for our review his contention that the verdict is inconsistent ( see People v Alfaro, 66 NY2d 985, 987; People v Flecha, 43 AD3d 1385, lv denied 9 NY3d 990), 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]). Contrary to defendant's further contention, the verdict is not against the weight of the evidence ( see generally People v Bleakley, 69 NY2d 490, 495). Finally, defendant's sentence is not unduly harsh or severe.


Summaries of

People v. Khork

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 3, 2008
859 N.Y.S.2d 879 (N.Y. App. Div. 2008)
Case details for

People v. Khork

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JON L. KHORK, Appellant

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

Date published: Jul 3, 2008

Citations

859 N.Y.S.2d 879 (N.Y. App. Div. 2008)
859 N.Y.S.2d 879