Majority
p. 504The People of the State of New York, Respondent, v Sherwayne Emmanus, Appellant. [750 NYS2d 889]
—Appeal by the defendant from a judgment of the Supreme Court, Kangs County (J. Goldberg, J.), rendered May 4, 2000, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s contention that the sentencing court improperly considered charges of which he was acquitted as a
p. 505
basis for imposing sentence is unpreserved for appellate review (see CPL 470.05 [2]), and, in any event, is without merit (see People v Robinson, 250 AD2d 629 ; see also People v Hall, 46 NY2d 873 , 875, cert denied 444 US 848 ).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 ). Altman, J.P., S. Miller, Adams and Cozier, JJ., concur.
Cases cited
- People v. Hall 46 NY2d 873 at 875 p. 505
- People v. Suitte 90 AD2d 80 p. 505