People v. Chancy

Appellate Division of the Supreme Court of New York

People v. Chancy

271 A.D.2d 355, 714 N.Y.S.2d 664, 2000 N.Y. App. Div. LEXIS 4586

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

DecidedApril 25, 2000

StatusPublished

Cited by2 cases

This text of 271 A.D.2d 355 (People v. Chancy) 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. Chancy, 271 A.D.2d 355, 714 N.Y.S.2d 664, 2000 N.Y. App. Div. LEXIS 4586 (N.Y. Ct. App. 2000).

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Opinion

—Judgment, Supreme Court, New York County (Charles Solomon, J., on severance motion; Micki Scherer, J., at jury trial and sentence), rendered November 7, 1996, convicting defendant of four counts of robbery in the first degree and four counts of robbery in the second degree, and sentencing him to four concurrent terms of 8V2 to 17 years concurrent with four concurrent terms of 5 to 15 years, unanimously affirmed.

Defendant’s severance motion was properly denied. The four robberies involved a sufficiently unique modus operandi so that the evidence of each was admissible as to the others. Therefore, these counts were properly joined pursuant to CPL 200.20 (2) (b) (see, People v Matthews, 175 AD2d 24, affd 79 NY2d 1010), and discretionary severance was not available. In any event, the counts were also properly joined as legally similar pursuant to CPL 200.20 (2) (c), and defendant failed to make a sufficient showing for a discretionary severance pursuant to CPL 200.20 (3).

We perceive no abuse of sentencing discretion. Concur — Williams, J. P., Mazzarelli, Rubin, Buckley and Friedman, JJ.

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—Judgment, Supreme Court, New York County (Charles Solomon, J., on severance motion; Micki Scherer, J., at jury trial and sentence), rendered November 7, 1996, convicting defendant of four counts of robbery in the first degree and four counts of robbery in the second degree, and sentencing him to four concurrent terms of 8V2 to 17 years concurrent with four concurrent terms of 5 to 15 years, unanimously affirmed.

Defendant’s severance motion was properly denied. The four robberies involved a sufficiently unique modus operandi so that the evidence of each was admissible as to the others. Therefore, these counts were properly joined pursuant to CPL 200.20 (2) (b) (see, People v Matthews, 175 AD2d 24, affd 79 NY2d 1010), and discretionary severance was not available. In any event, the counts were also properly joined as legally similar pursuant to CPL 200.20 (2) (c), and defendant failed to make a sufficient showing for a discretionary severance pursuant to CPL 200.20 (3).

We perceive no abuse of sentencing discretion. Concur — Williams, J. P., Mazzarelli, Rubin, Buckley and Friedman, JJ.

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Bluebook (online)

271 A.D.2d 355, 714 N.Y.S.2d 664, 2000 N.Y. App. Div. LEXIS 4586, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-chancy-nyappdiv-2000.

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