# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · May 21, 1992 · 183 A.D.2d 612

URL: https://www.frixlaw.com/law-library/cases/5949291

## Case

- **Full name:** The People of the State of New York v. James Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** May 21, 1992
- **Citations:** 183 A.D.2d 612; 584 N.Y.S.2d 31; 1992 N.Y. App. Div. LEXIS 7457
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5949291

## Opinion text

— Judgment, Supreme Court, New York County (Budd Goodman, J.), rendered February 23, 1990, convicting defendant, in absentia, after a jury trial, of burglary in the second degree, and sentencing him, as a second felony offender, to a term of imprisonment of 7 Vi to 15 years, is unanimously affirmed.
Defendant’s conviction is not against the weight of the *613 evidence, given that he was seen breaking into an apartment by a civilian witness and observed inside the apartment by a police officer acquainted with him, and made inculpatory statements en route to the precinct. Nor did the trial court abuse its sentencing discretion (People v Farrar, 52 NY2d 302 ). Not only should the particular acts by which a crime is committed be taken into account, but also the defendant’s character and propensities, here elucidated by a very unfavorable presentence report. It is clear that the court’s sentencing decision did not give improper weight to defendant’s absence from the trial and sentencing. Concur — Carro, J. P., Kupferman, Asch and Smith, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5949291. Public record. Not legal advice.