People v. Blackwell

Appellate Division of the Supreme Court of New York

People v. Blackwell

180 A.D.2d 437, 580 N.Y.S.2d 649, 1992 N.Y. App. Div. LEXIS 1173

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

DecidedFebruary 6, 1992

StatusPublished

This text of 180 A.D.2d 437 (People v. Blackwell) 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. Blackwell, 180 A.D.2d 437, 580 N.Y.S.2d 649, 1992 N.Y. App. Div. LEXIS 1173 (N.Y. Ct. App. 1992).

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Opinion

Judgment, Supreme Court, Bronx County (Lawrence J. Tonetti, J.), rendered November 27, 1989, convicting defendant, after a jury trial, of robbery in the second degree, grand larceny in the third degree, and criminal impersonation in the first degree, and sentencing him, as a second violent felony offender, to concurrent terms of imprisonment of 4 to 8 years, 2 Vi to 5 years, and 2 to 4 years, respectively, unanimously affirmed.

For the reasons stated in our decision on the appeal of co-defendant Lazarcheck (People v Lazarcheck, 176 AD2d 691), we reject defendant’s argument that the evidence at trial was insufficient to establish a forcible stealing. Nor was the evidence insufficient to establish the value of the stolen car (see, People v Carter, 19 NY2d 967). The trial court did not abuse its discretion in denying counsel’s request for a recess (see, Matter of Anthony M., 63 NY2d 270, 283-284). We have considered defendant’s pro se claims and find them to be without merit. Concur — Murphy, P. J., Sullivan, Ellerin, Kupferman and Kassal, JJ.

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Judgment, Supreme Court, Bronx County (Lawrence J. Tonetti, J.), rendered November 27, 1989, convicting defendant, after a jury trial, of robbery in the second degree, grand larceny in the third degree, and criminal impersonation in the first degree, and sentencing him, as a second violent felony offender, to concurrent terms of imprisonment of 4 to 8 years, 2 Vi to 5 years, and 2 to 4 years, respectively, unanimously affirmed.

For the reasons stated in our decision on the appeal of co-defendant Lazarcheck (People v Lazarcheck, 176 AD2d 691), we reject defendant’s argument that the evidence at trial was insufficient to establish a forcible stealing. Nor was the evidence insufficient to establish the value of the stolen car (see, People v Carter, 19 NY2d 967). The trial court did not abuse its discretion in denying counsel’s request for a recess (see, Matter of Anthony M., 63 NY2d 270, 283-284). We have considered defendant’s pro se claims and find them to be without merit. Concur — Murphy, P. J., Sullivan, Ellerin, Kupferman and Kassal, JJ.

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Bluebook (online)

180 A.D.2d 437, 580 N.Y.S.2d 649, 1992 N.Y. App. Div. LEXIS 1173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-blackwell-nyappdiv-1992.

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