People v. Gannaway

Appellate Division of the Supreme Court of New York

People v. Gannaway

192 A.D.2d 492, 597 N.Y.S.2d 38, 1993 N.Y. App. Div. LEXIS 4421

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

DecidedApril 29, 1993

StatusPublished

Cited by1 cases

This text of 192 A.D.2d 492 (People v. Gannaway) 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. Gannaway, 192 A.D.2d 492, 597 N.Y.S.2d 38, 1993 N.Y. App. Div. LEXIS 4421 (N.Y. Ct. App. 1993).

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Opinion

—Judgment, Supreme Court, New York County (Ronald Zwiebel, J.), rendered March 11, 1991, convicting defendant, after jury trial, of robbery in the first degree and burglary in the second degree, and sentencing him to concurrent terms of 3 to 9 years, unanimously affirmed.

Defendant, a former employee of a McDonald’s Restaurant, perpetrated a night time burglary of the restaurant with a current manager. When another manager and an employee arrived to open the restaurant at 6:00 a.m., they were grabbed by defendant and his accomplice, physically assaulted, threatened several times with death, and were left behind, handcuffed. Viewing the evidence in the light most favorable to the People, and giving due deference to the jury’s findings on credibility, defendant’s guilt was proved beyond a reasonable doubt by overwhelming evidence, and the verdict was not against the weight of that evidence (People v Bleakley, 69 NY2d 490, 495). Defendant has failed to preserve his present bolstering claim arising out of the testimony of a police officer, on redirect, which explained that there was no attempt to lift fingerprints as store employees were suspects, and we decline to review in the interest of justice.

We have examined defendant’s remaining contentions and find them to be without merit. Concur — Sullivan, J. P., Carro, Milonas, Kupferman and Ross, JJ.

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—Judgment, Supreme Court, New York County (Ronald Zwiebel, J.), rendered March 11, 1991, convicting defendant, after jury trial, of robbery in the first degree and burglary in the second degree, and sentencing him to concurrent terms of 3 to 9 years, unanimously affirmed.

Defendant, a former employee of a McDonald’s Restaurant, perpetrated a night time burglary of the restaurant with a current manager. When another manager and an employee arrived to open the restaurant at 6:00 a.m., they were grabbed by defendant and his accomplice, physically assaulted, threatened several times with death, and were left behind, handcuffed. Viewing the evidence in the light most favorable to the People, and giving due deference to the jury’s findings on credibility, defendant’s guilt was proved beyond a reasonable doubt by overwhelming evidence, and the verdict was not against the weight of that evidence (People v Bleakley, 69 NY2d 490, 495). Defendant has failed to preserve his present bolstering claim arising out of the testimony of a police officer, on redirect, which explained that there was no attempt to lift fingerprints as store employees were suspects, and we decline to review in the interest of justice.

We have examined defendant’s remaining contentions and find them to be without merit. Concur — Sullivan, J. P., Carro, Milonas, Kupferman and Ross, JJ.

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Bluebook (online)

192 A.D.2d 492, 597 N.Y.S.2d 38, 1993 N.Y. App. Div. LEXIS 4421, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gannaway-nyappdiv-1993.

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