1. Home
  2. Browse Decisions
  3. A.D.3d
  4. 178 A.D.3d
  5. 178 A.D.3d 520 (2019)
 

PEOPLE v. SMALL

10566. 3606/09.

178 A.D.3d 520 (2019)

111 N.Y.S.3d 847

2019 NY Slip Op 08947

The People of the State of New York, Respondent, v. Durville Small, Appellant.

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

Decided December 12, 2019.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Claudia S. Trupp of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Dana Poole of counsel), for respondent.

Concur—Richter, J.P., Manzanet-Daniels, Webber, Gesmer, JJ.

Defendant failed to preserve, and affirmatively waived, his claim that the New York County District Attorney's Office, acting as special prosecutor, unlawfully represented the People at sentencing after its authority to do so had been rescinded, and we decline to review it in the interest of justice. The alleged procedural error did not go to the substantive legality of the sentence (see People v Samms, 95 N.Y.2d 52, 58 [2000]),...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases