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People v. Brock

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


January 5, 2010

THE PEOPLE, ETC., RESPONDENT,
v.
TANESHIA BROCK, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ingram, J.), rendered June 19, 2007, as amended August 1, 2007, convicting her of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

JOSEPH COVELLO, J.P., FRED T. SANTUCCI, CHERYL E. CHAMBERS and L. PRISCILLA HALL, JJ.

(Ind. No. 1701/06)

DECISION & ORDER

ORDERED that the judgment, as amended, is affirmed.

The defendant failed to preserve for appellate review her contention that the sentence imposed by the Supreme Court improperly penalized her for exercising her right to a jury trial, because she did not set forth the issue on the record at the time of sentencing (see People v Hurley, 75 NY2d 887, 888; People v Herrera, 16 AD3d 699, 700). In any event, the fact that the sentence imposed after trial was greater than the sentence offered during plea negotiations is no indication that the defendant was punished for asserting her right to proceed to trial (see People v Pena, 50 NY2d 400, 411-412, cert denied 449 US 1087; People v Garcia, 66 AD3d 699). Moreover, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

COVELLO, J.P., SANTUCCI, CHAMBERS and HALL, JJ., concur.

20100105

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