PEOPLE v. SPIVEY


177 A.D.2d 216 (1992)

The People of the State of New York, Respondent, v. Dwayne Spivey, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

March 12, 1992


Attorney(s) appearing for the Case

Steven A. Feldman of counsel (Feldman & Feldman, attorneys), for appellant.

Hilary Hassler of counsel (Mark Dwyer and Patrick J. Hynes with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

MURPHY, P. J., SULLIVAN, ELLERIN and KASSAL, JJ., concur.


ROSS, J.

Defendant was convicted, after a jury trial, of the crimes of attempted robbery in the second degree, attempted robbery in the third degree, attempted grand larceny in the fourth degree and assault in the second degree. On this appeal defendant contends, inter alia, that: (1) the trial court abused its discretion when it failed to fashion an appropriate sanction for the loss of the arresting...

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