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People v. Charles

Supreme Court of New York, Second Department

October 9, 2013

The People of the State of New York, respondent,
v.
Bobby Charles, appellant. Ind. No. 238/11

Lynn W. L. Fahey, New York, N.Y. (Mark W. Vorkink of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Daniel Bresnahan of counsel; Julaine Gallo on the brief), for respondent.

RANDALL T. ENG, P.J., WILLIAM F. MASTRO, THOMAS A. DICKERSON, PLUMMER E. LOTT, ROBERT J. MILLER, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lasak, J.), rendered March 7, 2012, convicting him of criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that the Supreme Court considered improper factors in imposing sentence is unpreserved for appellate review (see CPL 470.05[2]; People v Aviles, 87 A.D.3d 547; People v Garson, 69 A.D.3d 650).

The sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).

ENG, P.J., MASTRO, DICKERSON, LOTT and MILLER, JJ., concur.


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