People v. Stephens, 1

Decision Date29 September 1995
Docket NumberNo. 1,1
Citation219 A.D.2d 854,632 N.Y.S.2d 906
PartiesPEOPLE of the State of New York, Respondent, v. Titus STEPHENS, Appellant. (Appeal)
CourtNew York Supreme Court — Appellate Division

Christine Cook, Geneva, for Appellant.

R. Michael Tantillo, Canandaigua, for Respondent.

Before LAWTON, J.P. and FALLON, CALLAHAN, DAVIS and BOEHM, JJ.

MEMORANDUM:

There is no merit to the contention of defendant that County Court erred in denying his motion for new counsel without making further inquiry regarding the reasons for the motion (see, People v. Rancka, 193 A.D.2d 1123, 1124, 600 N.Y.S.2d 650, lv. denied 82 N.Y.2d 725, 602 N.Y.S.2d 822, 622 N.E.2d 323, People v. Kirkland, 177 A.D.2d 946, 946-947, 577 N.Y.S.2d 987, lv. denied, 79 N.Y.2d 859, 580 N.Y.S.2d 731, 588 N.E.2d 766; see generally, People v. Sides, 75 N.Y.2d 822, 824, 552 N.Y.S.2d 555, 551 N.E.2d 1233).

The court properly denied discovery of documents and notes that formed the basis of the laboratory report concluding that the substance sold by defendant to the undercover officer was cocaine. Those documents and notes were not discoverable under article 240 of the Criminal Procedure Law. Rather, they constitute Rosario material and were properly made available to defendant at trial (see, People v. Christopher, 101 A.D.2d 504, 525, 476 N.Y.S.2d 640, revd. on other grounds 65 N.Y.2d 417, 492 N.Y.S.2d 566 482 N.E.2d 45; see also, People v. Strong, 60 A.D.2d 792, 400 N.Y.S.2d 661).

Defendant failed to preserve for our review his contention that the read-back of testimony of certain defense witnesses requested by the jury during deliberations "was not in compliance with CPL 310.30, written jury procedure" (see, People v. Goldbeck, 218 A.D.2d 670, 630 N.Y.S.2d 360 (1995)), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15[6][a] ).

Lastly, we conclude that the sentence imposed is neither unduly harsh nor severe. "The mere fact that defendant was ultimately sentenced to a term of incarceration greater than that offered as a part of the plea bargain does not render his sentence harsh or excessive" (People v. Bradley [appeal No. 1], 184 A.D.2d 1041, 585 N.Y.S.2d 264, lv. denied 80 N.Y.2d 927, 589 N.Y.S.2d 854, 603 N.E.2d 959). Moreover, "the mere fact that other cases, decided under differing factual circumstances, reveal a lesser sentence for the same crime does not warrant disturbing the trial court's exercise of discretion" (...

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6 cases
  • Stephens v. Costello, 96-CV-6218Fe.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court of Western District of New York
    • April 29, 1999
    ...sentences. The Fourth Department of the Appellate Division affirmed Stephens' conviction on direct appeal, People v. Stephens, 219 A.D.2d 854, 632 N.Y.S.2d 906 (4th Dep't 1995), and thereafter the New York Court of Appeals denied him leave to appeal, People v. Stephens, 87 N.Y.2d 851, 638 N......
  • People v. Pitts
    • United States
    • New York Supreme Court Appellate Division
    • September 27, 1996
    ...No. 1], 184 A.D.2d 1041, 585 N.Y.S.2d 264 lv. denied 80 N.Y.2d 927, 589 N.Y.S.2d 854, 603 N.E.2d 959; see, People v. Stephens [appeal No. 1], 219 A.D.2d 854, 855, 632 N.Y.S.2d 906, lv. denied 87 N.Y.2d 851, 638 N.Y.S.2d 610, 661 N.E.2d We have examined defendant's remaining contentions and ......
  • People v. Fullard
    • United States
    • New York Supreme Court Appellate Division
    • November 27, 1996
    ...County Court is greater than the one offered as part of a plea bargain does not render the sentence excessive (see, People v. Stephens, 219 A.D.2d 854, 855, 632 N.Y.S.2d 906, lv. denied 87 N.Y.2d 851, 638 N.Y.S.2d 610, 661 N.E.2d ORDERED that the judgment is affirmed. CARDONA, P.J., and MER......
  • People v. Tascarella
    • United States
    • New York Supreme Court Appellate Division
    • May 31, 1996
    ...greater than that offered as a part of the plea bargain does not render his sentence harsh or excessive" (People v. Stephens [appeal No. 1], 219 A.D.2d 854, 632 N.Y.S.2d 906, lv. denied 87 N.Y.2d 851, 638 N.Y.S.2d 610, 661 N.E.2d 1392, quoting People v. Bradley [appeal No. 1], 184 A.D.2d 10......
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