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| People v. Craft, 15518,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: Defendant's conviction for depraved indifference murder was supported by sufficient evidence. While defendant did not intend to kill the first victim, his actions in shooting at least a dozen shots from less than 10 feet away at the two victims, who were sitting next to each other on the steps, created a grave risk of the first victim's death.
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| People v. Frieson, 62, Ind. 5264/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: Although defendant was represented on an imitation pistol charge, that charge did not have the type of relationship to the robbery charges that would trigger defendant's right to counsel at the lineup.
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| People v. Gauvreau, 16346,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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| People v. Gilliam, 15975,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: Because defendant possessed a dangerous knife with intent to use it unlawfully against another, and because his challenge to the weight of the evidence was premised upon certain minor inconsistencies in the victims' testimonies, the trial court properly convicted him of fourth-degree criminal possession of a weapon under Penal Law § 265.01(2).
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| People v. Leon, 50, Ind. 979/04,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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| People v. Lowin, 16072,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: Because the police did not have to repeat the Miranda warnings when defendant had been in continuous custody, because the evidence was legally sufficient to disprove a justification defense, and because defendant did not show the absence of a strategic or other legitimate explanation for counsel's conduct, his convictions were affirmed.
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| People v. Mora, 15048,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: Although one state trooper opted to converse with defendant in Spanish, there was no evidence that defendant did not understand the English language when the Miranda warnings were given to him; therefore, the trial court did not err in denying defendant's motion to suppress his confession.
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| People v. Nelson, 8889, Ind. 1862/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: Because defendant used the first victim as an unwilling accomplice to remove property from the other victims, it was an "act" establish grand larceny "from the person" under Penal Law § 155.30(5); however, pursuant to Penal Law § 70.25(2), the sentences for the crimes effectuated thereby had to run concurrently despite the multiple victims.
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| People v. Pagan, 16425,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 25, 2007, Decided , January 25, 2007, Entered
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Overview: Defendant's guilty plea to attempted promoting prison contraband was vacated because defendant's express refusal to acknowledge that the cell phone he possessed was dangerous within the meaning of Penal Law § 205.00 negated essential element of the crime to which he pled; thus, the trial court could not accept plea without making further inquiry.
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