# People v. Brown

> Appellate Division of the Supreme Court of the State of New York · May 2, 2001 · 283 A.D.2d 1004

URL: https://www.frixlaw.com/law-library/cases/6071492

## Case

- **Full name:** The People of the State of New York v. Adrian Brown
- **Court:** Appellate Division of the Supreme Court of the State of New York
- **Decided:** May 2, 2001
- **Citations:** 283 A.D.2d 1004; 725 N.Y.S.2d 253; 2001 N.Y. App. Div. LEXIS 4550
- **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/6071492

## Opinion text

—Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him after a jury trial of two counts of assault in the first degree (Penal Law § 120.10 [1]), defendant contends that County Court erred in excusing a prospective juror over the objection of defense counsel. The record, as settled, establishes that defense counsel affirmatively stated that he had no objection to the court’s excusing that prospective juror. Consequently, defendant’s contention is not preserved for our review (see, CPL 470.05 [2]), and we decline to exercise our power to review it as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). The sentence is neither unduly harsh nor severe. (Appeal from Judgment of Monroe County Court, Dat *1005 tilo, Jr., J. — Assault, 1st Degree.) Present — Pigott, Jr., P. J., Green, Hurlbutt, Scudder and Lawton, JJ.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6071492. Public record. Not legal advice.