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People v. Carter

292 A.D.2d 820 Court N.Y. App. Div. Decision date 2002-03-15 English

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p. 820
The People of the State of New York, Respondent, v Dewayne Carter, Appellant.
[739 NYS2d 305]

Appeal from a judgment of Supreme Court, Onondaga County (Brunetti, J.), entered July 26, 2000, convicting defendant after a jury trial of, inter alia, attempted assault in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: The contention of defendant that the conduct of the Trial Judge deprived him of a fair trial is not preserved for our review (see, People v Charleston, 56 NY2d 886 , 887-888; People v Chase, 265 AD2d 844 , 844-845, lv denied 94 NY2d 902 ; People v Wanton, 256 AD2d 125 , 126, lv denied 93 NY2d 981 ), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). Contrary to the further contentions of defendant, he received meaningful representation (see, People v Baldi, 54 NY2d 137 , 147) and the verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490 , 495). Present — Pine, J.P., Wisner, Scudder, Burns and Gorski, JJ.

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