People v. Ellis

• Decision Date: 23 September 1991
• Citation: 176 A.D.2d 292,574 N.Y.S.2d 293
• Parties: The PEOPLE, etc., Respondent, v. Timothy ELLIS, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 293

574 N.Y.S.2d 293

176 A.D.2d 292

The PEOPLE, etc., Respondent, v. Timothy ELLIS, Appellant.

Supreme Court of New York, Appellate Division, Second Department.

September 23, 1991

Philip L. Weinstein, New York City (Walter J. Evans, Jr., of counsel), for appellant. Charles J. Hynes, Dist. Atty., Brooklyn (Jay M. Cohen and Carol Teague Schwartzkopf, of counsel; Lloyd A. Sandy, on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldberg, J.), rendered August 14, 1989, 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. Contrary to the defendant's contentions, the prosecutor's summation comments were proper, and moreover, were responsive to remarks made by the defense counsel. The defendant's claim that the sentencing court improvidently exercised its discretion in denying him youthful offender status is without merit (see, People v. Lee, 154 A.D.2d 399, 545 N.Y.S.2d 786; People v. Hampton, 148 A.D.2d 633, 540 N.Y.S.2d 198; People v. Williams, 124 A.D.2d 615, 507 N.Y.S.2d 876). The defendant's remaining contention is unpreserved for appellate review, and we decline to reach it in the exercise of our interest of justice jurisdiction (see, e.g., People v. Crawford, 143 A.D.2d 141, 531 N.Y.S.2d 598).

KOOPER, J.P., and LAWRENCE, EIBER and O'BRIEN, JJ., concur.