From Casetext: Smarter Legal Research

People v. Quinones

Appellate Division of the Supreme Court of New York, First Department
May 5, 1998
250 A.D.2d 352 (N.Y. App. Div. 1998)

Opinion

May 5, 1998

Appeal from the Supreme Court, New York County (Nicholas Figueroa, J.).


We reject defendant's argument that his present challenge to the court's definition of "building" (see, Penal Law § 140.00) under the burglary statute was raised or ruled upon at the precharge conference, and we thus find this challenge to be unpreserved and decline to review it in the interest of justice. Were we to review this claim, we would find that the court's burglary charge, read as a whole, conveyed the proper standards with respect to the definition of building along with entry into the nonpublic portion of a public building, and properly applied those standards to the evidence presented at trial (see, People v. Durecot, 224 A.D.2d 264, lv denied 88 N.Y.2d 878).

Defendant's challenge to the trial court's Sandoval/Molineux ruling concerning the scope of impeachment of defendant's prospective testimony is unpreserved for appellate review since he failed to raise any objection to the court's ultimate compromise ruling (People v. McAllister, 245 A.D.2d 184, lv denied 91 N.Y.2d 894), and we decline to review this claim in the interest of justice. Were we to review this claim, we would find that the court's ruling, providing for expanded impeachment by similar crimes in the event that defendant claimed mistake, was an appropriate exercise of discretion.

We find the sentence excessive to the extent indicated.

Concur — Lerner, P. J., Nardelli, Wallach, Rubin and Mazzarelli, JJ.


Summaries of

People v. Quinones

Appellate Division of the Supreme Court of New York, First Department
May 5, 1998
250 A.D.2d 352 (N.Y. App. Div. 1998)
Case details for

People v. Quinones

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR QUINONES…

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

Date published: May 5, 1998

Citations

250 A.D.2d 352 (N.Y. App. Div. 1998)
672 N.Y.S.2d 689

Citing Cases

Gomez v. Brown

Regarding the second factor, New York state law demands compliance with the contemporaneous objection rule in…

Edwards v. Fischer

Regarding the second Lee factor, New York cases compel a party to comply with the contemporaneous objection…