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| People v. Espinal, 9978, Ind. 3006/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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| People v. Faulkner, 13805,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Defendant's convictions for murder, robbery, and burglary were affirmed because there was sufficient evidence to corroborate the testimony of the getaway driver and sufficient evidence to support the convictions. The felony murder and burglary sentences could run consecutively, but the felony murder and robbery counts needed to run concurrently.
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| People v. Jiminez, 16206,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Defendant's conviction for robbery in the first degree of a donut shop, in violation of Penal Law § 160.15(2) and (3), was upheld on appeal because two eyewitness employees separately identified defendant in photo arrays prepared by the detective investigating the case and in open court.
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| People v. Jordan, 100144,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: County court did not abuse its discretion when it revoked probation and imposed a sentence of one year in jail because the county court properly considered defendant's history, the circumstances of the offense, and defendant's continuous inability to comply with probation conditions. Matter was remitted for reconsideration of restitution issues.
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| People v. Lackey, 15697,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Defendant's convictions for aggravated sexual abuse in the first degree and sexual abuse in the first degree were affirmed because it was not error for the trial court to admit defendant's oral and written statements. Defendant had been adequately apprised of his Miranda rights initially, and his subsequent conduct constituted an implied waiver.
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| People v. Lauber, 100267,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: A judgment of conviction for criminal possession of marijuana was affirmed, and the motion to suppress was properly denied, because the issuance and execution of a search warrant for the home to be executed at any time day or night was appropriate based in part on surveillance evidence that marijuana had recently been purchased at the home.
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| People v. Lopez, 9934, Ind. 4487/00,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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| People v. Marone, 15899,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Defendant's conviction and sentence were affirmed because defendant's claim that sentence imposed was harsh and excessive was foreclosed given that he entered knowing, voluntary, and intelligent guilty plea and unqualified waiver of right to appeal and his other claims either pertained to severity of sentence or were not properly preserved.
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| People v. Masters, 16147,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 4, 2007, Decided , January 4, 2007, Entered
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Overview: Defendant's conviction was affirmed because his failure to move to withdraw his guilty plea or vacate judgment rendered challenge to voluntariness of guilty plea and to factual sufficiency of plea allocution unpreserved for appellate review and his agreeing to negotiated disposition after full colloquy showed plea was entered voluntarily.
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