Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Sherwayne Emmanus, Appellant

300 A.D.2d 504750 N.Y.S.2d 889·New York Supreme Court, Appellate Division·2002·NY

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Opinion

The People of the State of New York, Respondent, v Sherwayne Emmanus, Appellant. [750 NYS2d 889] [MAJORITY] —Appeal by the defendant from a judgment of the Supreme Court, Kangs County (J. Goldberg, J.), rendered May 4, 2000, 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. The defendant’s contention that the sentencing court improperly considered charges of which he was acquitted as a basis for imposing sentence is unpreserved for appellate review (see CPL 470.05 [2]), and, in any event, is without merit (see People v Robinson, 250 AD2d 629; see also People v Hall, 46 NY2d 873, 875, cert denied 444 US 848). The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80). Altman, J.P., S. Miller, Adams and Cozier, JJ., concur.