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PEOPLE STATE NEW YORK v. CHARLES LUCCHETTI (10/15/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT 1969.NY.43075 <http://www.versuslaw.com>; 305 N.Y.S.2d 259; 33 A.D.2d 566 October 15, 1969 THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,v.CHARLES LUCCHETTI, APPELLANT Appeal by defendant from a judgment of the County Court, Suffolk County, rendered January 24, 1969, convicting him of reckless endangerment in the second degree (Penal Law, § 120.20), upon a jury verdict, and imposing sentence. Beldock, P. J., Christ, Brennan, Rabin and Kleinfeld, JJ., concur.


Appeal by defendant from a judgment of the County Court, Suffolk County, rendered January 24, 1969, convicting him of reckless endangerment in the second degree (Penal Law, § 120.20), upon a jury verdict, and imposing sentence.

Beldock, P. J., Christ, Brennan, Rabin and Kleinfeld, JJ., concur.

In our opinion, section 120.20 of the Penal Law is not unconstitutionally vague and indefinite (cf. People v. Eckert, 2 N.Y.2d 126). Reversal is not required because of the prosecutor's comments in summation, to which no objections were taken (cf. People v. Lee, 4 A.D.2d 770, affd. 4 N.Y.2d 843, cert. den. 358 U.S. 845; People v. Tuzio, 13 A.D.2d 842, affd. 10 N.Y.2d 1020). Defendant's other contentions have been examined and we find them untenable.

Disposition

 Judgment affirmed.

19691015

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