People v. Cooper

N.Y. App. Div.

Court: New York Supreme Court, Appellate Division

Citations: 166 A.D.2d 888, 561 N.Y.S.2d 663, 1990 N.Y. App. Div. LEXIS 12123

Decision Date: 10/5/1990

Jurisdiction: NY

Bluebook Citation: People v. Cooper, 166 A.D.2d 888, 561 N.Y.S.2d 663, 1990 N.Y. App. Div. LEXIS 12123 (N.Y. App. Div. 1990)

More Cases: N.Y. App. Div. decisions from 1990

The People of the State of New York, Respondent, v Ross V. Cooper, Appellant.

majority

Judgment unanimously affirmed. Memorandum: None of defendant’s contentions requires reversal. The trial court’s limited questioning of the complainant was proper (see, People v De Jesus, 42 NY2d 519, 523) and the complainant’s reference to a prior incident involving the defendant was not so prejudicial that it denied defendant a fair trial or subverted the court’s Sandoval ruling (see, People v Sandoval, 34 NY2d 371). On this record, defendant’s convictions for first degree burglary are supported by the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495), defendant received meaningful assistance of counsel (see, People v Baldi, 54 NY2d 137, 146-147; cf., People v Dombrowski, 163 AD2d 873), and defendant’s sentence is not excessive. (Appeal from judgment of Supreme Court, Erie County, Marshall, J.—burglary, first degree.) Present—Callahan, J. P., Denman, Green, Balio and Davis, JJ.

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