People v. Levy

52 A.D.3d 1025, 859 N.Y.S.2d 527
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJune 19, 2008
StatusPublished
Cited by16 cases

This text of 52 A.D.3d 1025 (People v. Levy) 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. Levy, 52 A.D.3d 1025, 859 N.Y.S.2d 527 (N.Y. Ct. App. 2008).

Opinion

Stein, J.

Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered October 12, 2006, upon a verdict convicting defendant of the crimes of attempted murder in the second degree, attempted assault in the first degree, criminal possession of a weapon in the second degree and reckless endangerment in the first degree.

During the early morning hours of October 22, 2005, the police responded to reports of an altercation outside of a local nightclub in the City of Binghamton, Broome County. Upon arriving at the scene, Lieutenant John Chapman observed approximately 200 people socializing outside the nightclub. Shortly thereafter, he heard multiple gun shots and witnessed several victims fall to the ground. Although none of the victims was killed, several were wounded. The shooters were not ap[1026]*1026prehended at the crime scene. However, based upon a police investigation, defendant was arrested weeks later in Brooklyn and was charged with attempted murder in the second degree, attempted assault in the first degree, criminal possession of a weapon in the second degree and reckless endangerment in the first degree. Following a jury trial, defendant was convicted on all four counts. Defendant’s motion for dismissal at the conclusion of the prosecution’s case-in-chief and his postverdict motion pursuant to CPL 330.30 regarding the sufficiency and weight of the evidence were denied. Defendant was subsequently sentenced to an aggregate term of imprisonment of 14 years, followed by five years of postrelease supervision. Defendant now appeals.

Initially, we reject defendant’s contention that his convictions, as to each count, were based upon legally insufficient evidence or were against the weight of the evidence. When considering a challenge to the legal sufficiency of the evidence, we view the evidence in the light most favorable to the People (see People v Brown, 46 AD3d 949, 951 [2007], lv denied 10 NY3d 808 [2008]), and we will not disturb the verdict if the evidence demonstrates a valid line of reasoning and permissible inferences that could lead a rational person to the conclusion reached by the jury (see People v Bleakley, 69 NY2d 490, 495 [1987]).

Here, defendant contends that the evidence was insufficient to support a finding that he was in proximity to the origin of the gun shots, that he was in possession of a gun at the time of the shooting or that he actually shot a weapon. We disagree. There was testimony at trial to establish that defendant met James Durham at the nightclub on October 22, 2005. The two then came into contact with Russell Callender and codefendant Isiah Tolbert. At some point, they became aware of the presence of Derek Carr, a rival of defendant from his hometown of Brooklyn. The police investigation later revealed that a member of Carr’s crew had shot defendant during an altercation approximately a month earlier. Callender, who knew of the rivalry between defendant ánd Carr, handed guns to Durham and Tolbert. After the nightclub closed, a confrontation between defendant and his friends and Carr and his crew occurred in the crowd outside. There was testimony that defendant pulled out the gun which Callender had provided to Durham and fired two shots in the direction of Carr, after which Tolbert followed with a volley of shots of his own. After the shooting, defendant, Durham and Callender made their way to the home of Anthony Jones, where defendant was observed attempting to clear a jammed firearm.

[1027]*1027We specifically find that the accomplice testimony was sufficiently corroborated by other independent evidence that tended to connect defendant to the commission of the crimes charged (see People v Besser, 96 NY2d 136, 144 [2001]; People v Brown, 30 AD2d 279, 281 [1968]). For example, several witnesses, including Durham and Marcell Harris, saw defendant standing with Tolbert and Callender during the confrontation with Carr outside the nightclub. Their testimony was supported by Raymond Lee, who saw a Jamaican man and two black males arguing with another black male just before the two black males pulled out handguns and one

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Cite This Page — Counsel Stack

Bluebook (online)
52 A.D.3d 1025, 859 N.Y.S.2d 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-levy-nyappdiv-2008.