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State Courts -
New York - January 26, 2006
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People v. Encarnacion, 7443- 7444, Ind. 7697/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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Overview: The court properly permitted a victim to testify that defendant showed her a gun and said he would kill anyone who "messed with him." The testimony was relevant to the forcible compulsion element of first-degree rape and first-degree sodomy (N.Y. Penal Law §§ 130.35(1), 130.50(1)).
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People v. Gassett, 7679, Ind. 3403/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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People v. Hilts, 15201,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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Overview: It was clear from the predicate felony statement that a prior crime upon which defendant was sentenced as a second felony offender occurred more than 10 years previously, and the People conceded that there were no applicable tolling periods. In view of this, his sentence had to be vacated and the matter remitted to the trial court for resentencing.
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People v. Jackson, 14113,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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Overview: Sentence was properly ordered consecutive to sentence on separate crime pursuant to N.Y. Penal Law § 70.25(1); fingerprint evidence had adequate foundation, so it was legally sufficient to support convictions; defense counsel's decisions on how to challenge fingerprints did not support N.Y. Crim. Proc. Law § 440.10 motion to vacate conviction.
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People v. Lawrence, 7692 Ind. 525/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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Overview: Defendant's motion to suppress his inquiry to officers regarding cocaine recovered from his car was properly denied; prior to the interchange, an officer had administered Miranda warnings, and defendant's question was clearly spontaneous and not the product of the functional equivalent of interrogation.
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People v. Provost, 14285, 14782,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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Overview: Defendant's sentence for grand larceny and other crimes was affirmed. His crimes involved the abuse of a position of trust over 19 elderly residents and involved the theft of over $ 1,329,000, and he was sentenced in accordance with a plea agreement. Despite his military record and poor health, a sentence reduction was unwarranted.
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People v. Rodriguez, 7682, Ind. 2421/02,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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People v. Stasiak, 16061,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, THIRD DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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Overview: Because a 12-year old victim testified that after consuming alcohol and marijuana, she awoke to find defendant groping her breasts and vaginal area, defendant's convictions under N.Y. Penal Law §§ 130.65(2), 130.60(2), and 260.10(1) for sexual abuse, endangering the welfare of a child were not against the weight and sufficiency of the evidence.
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People v. Thomas, 7704 Ind. 3856/03,
SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, January 26, 2006, Decided , January 26, 2006, Entered
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