Opinion · Nylaw New York
PEOPLE v. ALVAREZ, 240 A.D.2d 674 [2d Dept 1997]
PEOPLE OF THE STATE OF N.Y., Respondent, v. ANGEL ALVAREZ,Appellant., 240 A.D.2d 674 (Appellate Division of the Supreme Court of New York, Second Department. 1997)
- Type
- Opinion
- Court
- Nylaw New York
- Jurisdiction
- Nylaw
- Date
- 1997-06-23
- Topic
- general
PEOPLE v. ALVAREZ, 240 A.D.2d 674 [2d Dept 1997] THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL ALVAREZ,Appellant.Appellate Division of the Supreme Court of New York, Second Department. June 23, 1997 Appeal from the Supreme Court, Kings County (Tomei, J.). Ordered that the judgment is affirmed.
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PEOPLE v. ALVAREZ,240 A.D.2d 674[2d Dept 1997]
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL ALVAREZ,
Appellant.
Appellate Division of the Supreme Court of New York, Second Department.
June 23, 1997
CitingPeople v. Damiano(87 N.Y.2d 477), the defendant contends that his conviction must be reversed because the verdict sheet submitted to the jury contained parenthetical notations listing some of the statutory elements of the charged crimes. We disagree. The record sufficiently demonstrates that defense counsel consented to the verdict sheet, which both he and the prosecutor initialed (see, People v. Angelo,88 N.Y.2d 217,224;People v. Fecunda,226 A.D.2d 474). In any event, the defendant's attempted murder conviction was not affected by the parenthetical notations since the notations related only to the lesser included robbery counts, which the jury did not reach upon convicting the defendant of the greater charge of attempted murder. The defendant's conviction of reckless endangerment was also unaffected by the parenthetical notations, since that count of the indictment was not factually related to the robbery counts (see,People v. Kelly,76 N.Y.2d 1013).
We further find that the sentence imposed was neither harsh nor excessive (see, People v. Suitte,90 A.D.2d 80).
Bracken, J.P., Rosenblatt, Thompson and Krausman, JJ., concur.