People v. Naranjo

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS NARANJO, Appellant

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

Date published: Mar 19, 1996

225 A.D.2d 392 (N.Y. App. Div. 1996)

640 N.Y.S.2d 13

Opinion

March 19, 1996

Appeal from the Supreme Court, New York County (Edward McLaughlin, J.).

Defendant's "inferential bolstering" claim is unpreserved and we decline to review it in the interest of justice. Were we to review it, we would find that any "inferential bolstering" error that may have occurred in this case was rendered harmless by the overwhelming evidence of guilt ( People v Johnson, 57 N.Y.2d 969).

We find that the sentence was not unduly influenced by the court's consideration of an uncharged crime ( see, People v Migliore, 150 A.D.2d 169, lv denied 74 N.Y.2d 815), and was otherwise a proper exercise of discretion.

Concur — Murphy, P.J., Milonas, Rosenberger, Ross and Mazzarelli, JJ.