People v. Bender

Appellate Division of the Supreme Court of New York

People v. Bender

254 A.D.2d 84, 680 N.Y.S.2d 479, 1998 N.Y. App. Div. LEXIS 10660

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

DecidedOctober 13, 1998

StatusPublished

This text of 254 A.D.2d 84 (People v. Bender) 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. Bender, 254 A.D.2d 84, 680 N.Y.S.2d 479, 1998 N.Y. App. Div. LEXIS 10660 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Judgment, Su[85]*85preme Court, New York County (Dorothy Cropper, J.), rendered January 16, 1996, convicting defendant, after a jury trial, of reckless endangerment in the first degree and criminal possession of stolen property in the third and fifth degrees, and sentencing him, as a second felony offender, to two consecutive terms of 3 Vs to 7 years to run concurrently to a term of 1 year, unanimously affirmed.

Evidence of a traffic accident was properly introduced where defendant first raised the issue of the accident in an effort to establish that the arresting officers had beaten defendant because two other officers were injured as a result of the chase. Once defendant thus opened the door, the People properly elicited further clarifying information about the accident (see, People v Melendez, 55 NY2d 445). The court’s use of “drag racing” as one of several examples of “depraved indifference” in its supplemental charge was not prejudicial, because the allegations against defendant did not involve “racing” (People v Hommel, 41 NY2d 427).

We perceive no abuse of sentencing discretion.

We have reviewed defendant’s remaining contentions and find them to be without merit. Concur — Lerner, P. J., Wallach, Rubin and Saxe, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, Su[85]*85preme Court, New York County (Dorothy Cropper, J.), rendered January 16, 1996, convicting defendant, after a jury trial, of reckless endangerment in the first degree and criminal possession of stolen property in the third and fifth degrees, and sentencing him, as a second felony offender, to two consecutive terms of 3 Vs to 7 years to run concurrently to a term of 1 year, unanimously affirmed.

Evidence of a traffic accident was properly introduced where defendant first raised the issue of the accident in an effort to establish that the arresting officers had beaten defendant because two other officers were injured as a result of the chase. Once defendant thus opened the door, the People properly elicited further clarifying information about the accident (see, People v Melendez, 55 NY2d 445). The court’s use of “drag racing” as one of several examples of “depraved indifference” in its supplemental charge was not prejudicial, because the allegations against defendant did not involve “racing” (People v Hommel, 41 NY2d 427).

We perceive no abuse of sentencing discretion.

We have reviewed defendant’s remaining contentions and find them to be without merit. Concur — Lerner, P. J., Wallach, Rubin and Saxe, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

254 A.D.2d 84, 680 N.Y.S.2d 479, 1998 N.Y. App. Div. LEXIS 10660, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bender-nyappdiv-1998.

Opinion

Related

Cite This Page — Counsel Stack