Legal Opinion

People v. Chen

Appellate Division of the Supreme Court of the State of New York

Decided November 5, 2008Published

1Opinion of the Court

— Appeal by the defendant from a resentence of the County Court, Westchester County (Zambelli, J.), imposed January 21, 2003, without a hearing, upon his conviction of attempted murder in the second degree, upon a juiy verdict.

Ordered that the resentence is affirmed.

The defendant’s contention that he was not afforded an op*489portunity to make a statement at the time of his resentencing in violation of CPL 380.50 (1) is unpreserved for appellate review (see People v Green, 54 NY2d 878, 880 [1981]), and we decline to reach that issue in the exercise of our interest of justice jurisdiction (see…

2Cases cited4 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. GreenNew York Court of Appeals · 1981
  3. People v. PertillarAppellate Division of the Supreme Court of the State of New York · 2007
  4. People v. RamirezAppellate Division of the Supreme Court of the State of New York · 1997

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