People v. Barnett

Appellate Division of the Supreme Court of New York

People v. Barnett

254 A.D.2d 12, 680 N.Y.S.2d 82, 1998 N.Y. App. Div. LEXIS 9937

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 1, 1998

StatusPublished

Cited by2 cases

This text of 254 A.D.2d 12 (People v. Barnett) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Barnett, 254 A.D.2d 12, 680 N.Y.S.2d 82, 1998 N.Y. App. Div. LEXIS 9937 (N.Y. Ct. App. 1998).

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Opinion

Judgment, Supreme Court, Bronx County (Eugene Oliver, Jr., J.), rendered May 9, 1994, convicting defendant, after a jury trial, of robbery in the second degree (two counts) and grand larceny in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, 6 to 12 years and 3 to 6 years, respectively, unanimously affirmed.

The verdict was not against the weight of the evidence. We see no reason to disturb the jury’s determinations concerning reliability of identification testimony and credibility of witnesses, including the alibi witness.

We reject defendant’s argument that the trial court lacked authority to reinstate the first-degree robbery count that had been dismissed at the request of the prosecutor during jury selection (see, People v Clarke, 203 AD2d 916, lv denied 83 NY2d 965). These actions caused no cognizable prejudice to defendant. Once reinstated, the court properly charged the lesser included offense of robbery in the second degree based on a reasonable view of the evidence.

We perceive no abuse of sentencing discretion. We have considered defendant’s other arguments and find them to be without merit. Concur — Lerner P. J., Wallach, Rubin and Saxe, JJ.

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Judgment, Supreme Court, Bronx County (Eugene Oliver, Jr., J.), rendered May 9, 1994, convicting defendant, after a jury trial, of robbery in the second degree (two counts) and grand larceny in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, 6 to 12 years and 3 to 6 years, respectively, unanimously affirmed.

The verdict was not against the weight of the evidence. We see no reason to disturb the jury’s determinations concerning reliability of identification testimony and credibility of witnesses, including the alibi witness.

We reject defendant’s argument that the trial court lacked authority to reinstate the first-degree robbery count that had been dismissed at the request of the prosecutor during jury selection (see, People v Clarke, 203 AD2d 916, lv denied 83 NY2d 965). These actions caused no cognizable prejudice to defendant. Once reinstated, the court properly charged the lesser included offense of robbery in the second degree based on a reasonable view of the evidence.

We perceive no abuse of sentencing discretion. We have considered defendant’s other arguments and find them to be without merit. Concur — Lerner P. J., Wallach, Rubin and Saxe, JJ.

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Bluebook (online)

254 A.D.2d 12, 680 N.Y.S.2d 82, 1998 N.Y. App. Div. LEXIS 9937, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-barnett-nyappdiv-1998.

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