People v. Mathis

• Decision Date: 15 May 1989
• Citation: 150 A.D.2d 613,543 N.Y.S.2d 267
• Parties: The PEOPLE, etc., Respondent, v. Leroy MATHIS, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 267

543 N.Y.S.2d 267

150 A.D.2d 613

The PEOPLE, etc., Respondent, v. Leroy MATHIS, Appellant.

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

May 15, 1989

Philip L. Weinstein, New York City (Susan H. Salomon, of counsel), for appellant. Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood and Jessica Hecht, of counsel; Pamela L. Milgrim, on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Corriero, J.), rendered July 7, 1987, convicting him of robbery in the first degree (two counts), robbery in the second degree, criminal possession of stolen property in the third degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence. ORDERED that the judgment is affirmed. The defendant's contention that the verdict sheet submitted to the jury was not proper is not preserved for appellate review since he failed to object to its submission (see, CPL 470.05[2]; People v. DeCambre, 143 A.D.2d 927, 533 N.Y.S.2d 516; People v. Battles, 141 A.D.2d 748, 529 N.Y.S.2d 1013; cf., People v. Nimmons, 72 N.Y.2d 830, 530 N.Y.S.2d 543, 526 N.E.2d 33; People v. Gillispie, 144 A.D.2d 482, 533 N.Y.S.2d 981; People v. Valle, 143 A.D.2d 160, 531 N.Y.S.2d 929), and we decline to review it in the exercise of our interest of justice jurisdiction given the overwhelming evidence of the defendant's guilt (cf., People v. McKenzie, App.Div., 539 N.Y.S.2d 20; People v. Testaverde, 143 A.D.2d 208, 532 N.Y.S.2d 12).

MOLLEN, P.J., and MANGANO, KOOPER and SPATT, JJ., concur.