People v. Yung

Decision Date12 June 1997
Citation240 A.D.2d 252,659 N.Y.S.2d 733
PartiesThe PEOPLE of the State of New York, Respondent, v. Hoi Man YUNG, Defendant-Appellant.
CourtNew York Supreme Court — Appellate Division

Karen Heiss Eisen, for Respondent.

Eve Kesslser, for Defendant-Appellant.

Judgment, Supreme Court, New York County, (Ronald Zweibel, J.), rendered January 13, 1995, convicting defendant, after a jury trial, of two counts of criminal sale of a controlled substance in the first degree, nine counts of criminal sale of a firearm in the third degree, five counts of criminal possession of a weapon in the third degree, and three counts of criminal sale of a controlled substance in the third degree, and sentencing him to two consecutive terms of 20 years to life, to be served consecutively to two groups of concurrent sentences each containing concurrent terms of 2 to 6 and 1 to 3 years, and also to be served consecutively to three additional consecutive sentences of 2 to 6 years each, unanimously affirmed.

The court properly closed the courtroom to defendant's family during the testimony of an undercover officer, based on the officer's testimony at a Hinton hearing establishing particularized reasons for concern that defendant's relatives posed a threat to his safety by revealing his identity (see, People v. Nieves, 232 A.D.2d 305, 648 N.Y.S.2d 583, lv. granted 89 N.Y.2d 987, 656 N.Y.S.2d 746, 678 N.E.2d 1362; People v. Abdul-Aziz, 216 A.D.2d 77, 628 N.Y.S.2d 272, lv. denied 86 N.Y.2d 788, 632 N.Y.S.2d 502, 656 N.E.2d 601).

We perceive no abuse of sentencing discretion.

SULLIVAN, J.P., and ROSENBERGER, WALLACH and ANDRIAS, JJ., concur.

To continue reading

Request your trial
9 cases
  • Ayala v. Speckard
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 3 Diciembre 1997
    ...(1997); People v. Laporte, 660 N.Y.S.2d 9 (1st Dep't 1997); People v. Cruz, 659 N.Y.S.2d 741 (1st Dep't 1997) (mem.); People v. Yung, 659 N.Y.S.2d 733 (1st Dep't 1997) (mem.); People v. Pena, 658 N.Y.S.2d 593 (1st Dep't 1997); People v. Ballesteros, 658 N.Y.S.2d 594 (1st Dep't 1997); People......
  • Yung v. Walker, 00 Civ. 1263.
    • United States
    • U.S. District Court — Southern District of New York
    • 17 Abril 2001
    ...a threat to his safety by revealing his identity" at the Hinton hearing, and affirmed the conviction. People v. Hoi Man Yung, 240 A.D.2d 252, 252, 659 N.Y.S.2d 733, 733 (N.Y.App.Div.1997). The New York Court of Appeals denied Yung's application for leave to appeal on September 24, 1997. Peo......
  • Yung v. Walker, Docket No. 01-2299.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 27 Junio 2002
    ...216 A.D.2d 77, 628 N.Y.S.2d 272, lv denied 86 N.Y.2d 788, 632 N.Y.S.2d 502, 656 N.E.2d 601). People v. Hoi Man Yung, 240 A.D.2d 252, 659 N.Y.S.2d 733, 733 (1st Dep't 1997) ("Yung I"). On September 24, 1997, Judge Titone of the New York Court of Appeals denied Yung leave to appeal. People v.......
  • Yung v. Walker, Docket No. 01-2299.
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 27 Junio 2002
    ...216 A.D.2d 77, 628 N.Y.S.2d 272, lv denied 86 N.Y.2d 788, 632 N.Y.S.2d 502, 656 N.E.2d 601). People v. Hoi Man Yung, 240 A.D.2d 252, 659 N.Y.S.2d 733, 733 (1st Dep't 1997) ("Yung I"). On September 24, 1997, Judge Titone of the New York Court of Appeals denied Yung leave to appeal. People v.......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT