| People v Brock |
| 2010 NY Slip Op 00164 [69 AD3d 644] |
| January 5, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Taneshia Brock, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, andBruce Alderman of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ingram, J.),rendered June 19, 2007, as amended August 1, 2007, convicting her of assault in the seconddegree and criminal possession of a weapon in the fourth degree, upon a jury verdict, andimposing sentence.
Ordered that the judgment, as amended, is affirmed.
The defendant failed to preserve for appellate review her contention that the sentenceimposed by the Supreme Court improperly penalized her for exercising her right to a jury trial,because she did not set forth the issue on the record at the time of sentencing (see People vHurley, 75 NY2d 887, 888 [1990]; People v Herrera, 16 AD3d 699, 700 [2005]). In any event, the factthat the sentence imposed after trial was greater than the sentence offered during pleanegotiations is no indication that the defendant was punished for asserting her right to proceed totrial (see People v Pena, 50 NY2d 400, 411-412 [1980], cert denied 449 US 1087[1981]; People v Garcia, 66 AD3d699 [2009]). Moreover, the sentence imposed was not excessive (see People vSuitte, 90 AD2d 80 [1982]). Covello, J.P., Santucci, Chambers and Hall, JJ., concur.