PEOPLE v. RUSSELL


74 N.Y.2d 901 (1989)

The People of the State of New York, Respondent, v. Leonard Russell, Appellant.

Court of Appeals of the State of New York.

Decided November 16, 1989.


Attorney(s) appearing for the Case

Hilliard Wiese, Philip L. Weinstein and Marsha Tabenhaus for appellant.

Robert M. Morgenthau, District Attorney (Ralph Fabrizio and Amyjane Rettew of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant was convicted, after a bench trial, of burglary in the first degree (Penal Law § 140.30 [2]) and sentenced to an indeterminate term of from 5 to 15 years. Defendant's conviction was affirmed by order of the Appellate Division.

The question presented by this appeal is whether the Trial Judge abused his discretion in refusing...

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