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People v. Emmanus

300 A.D.2d 504 Court N.Y. App. Div. Decision date 2002-12-16 English

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p. 504
The 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.

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