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State Courts -
New York - January 11, 2007
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People v. Campbell, 15730,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Vehicle and Traffic Law § 511(3), regarding aggravated unlicensed operation of a motor vehicle in the first degree, was not unconstitutionally vague because, when read with Vehicle and Traffic Law § 503(2)(j), a defendant was on notice that a license suspension continued in effect until he or she paid the termination of suspension fee.
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People v. Degiorgio, 100250,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Evidence was sufficient to support a conviction for intimidation under Penal Law § 215.15 because defendant left the victim a series of messages, after defendant's arrest, which could be construed as wanting to stop her from testifying. Conviction under Agriculture and Markets Law § 353-a was warranted when defendant killed the victim's dog.
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People v. Faulkner, 13803,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Conviction for attempted murder in the first degree, conspiracy, and assault in the first degree was affirmed because defendant's constitutional and statutory speedy trial rights under CPL 30.20, 30.30, were not violated, evidence was sufficient to convict, and the assault was not a lesser included offense of attempted murder.
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People v. Irizarry, 9674-9675, Ind. 3979/84,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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People v. Kirton, 14940,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Defendant's convictions for robbery in the first degree and criminal use of a firearm in the first degree were upheld because, inter alia, his statement was given voluntarily, testimony of witnesses' fear was relevant to the forcible stealing element under Penal Law §§ 160.00(1) and 160.15(2), and sufficient evidence supported the convictions.
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People v. LaFontaine, 9710, Ind. 5100/88,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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People v. Maloy, 16063,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Defendant's convictions for defendant's involvement in a gang fight that resulted in the death of one victim were affirmed. The verdicts for depraved indifference and gang assault were not inconsistent, but the matter was remitted for certain sentencing errors that were conceded by the People.
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People v. Marcus, 10056, Ind. 2262/81,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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People v. Miles, 16372,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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Overview: Defendant had not shown reversible error when he was not present for the second half of the Sandoval/Ventimiglia hearing because the hearing was limited to procedural matters and reversal was not required. Prior acts of domestic violence were admissible to show intent and trial court properly limited the scope and gave limiting instructions.
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People v. Myricks, 100087,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 11, 2007, Decided , January 11, 2007, Entered
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