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People v. Subervi

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 1991
178 A.D.2d 669 (N.Y. App. Div. 1991)

Opinion

December 30, 1991

Appeal from the Supreme Court, Queens County (Calabretta, J.).


Ordered that the judgment is affirmed.

The defendant's conviction arises out of an incident on December 26, 1988, in which he shot and seriously injured another man. For the first time on appeal, the defendant claims that the court committed reversible error when it admitted extensive evidence of the defendant's involvement in an uncharged assault that had occurred the previous day. Because the defendant never objected to this testimony during the trial, he failed to preserve the issue for this court's review (see, CPL 470.05; People v Udzinski, 146 A.D.2d 245, 250). Moreover, under the circumstances of this case, we decline to review the issue in the exercise of our interest of justice jurisdiction.

Given that the defendant was a persistent felony offender who committed a heinous crime for which he expressed no remorse, the sentence imposed was proper (see, People v Suitte, 90 A.D.2d 80).

We have examined the defendant's remaining contentions and find that they are either unpreserved for appellate review or without merit (see, CPL 470.05). Thompson, J.P., Bracken, Harwood and Copertino, JJ., concur.


Summaries of

People v. Subervi

Appellate Division of the Supreme Court of New York, Second Department
Dec 30, 1991
178 A.D.2d 669 (N.Y. App. Div. 1991)
Case details for

People v. Subervi

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDDIE SUBERVI…

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

Date published: Dec 30, 1991

Citations

178 A.D.2d 669 (N.Y. App. Div. 1991)

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