People v. Linderberry

215 A.D.2d 867, 626 N.Y.S.2d 876, 1995 N.Y. App. Div. LEXIS 5360
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 18, 1995
StatusPublished
Cited by18 cases

This text of 215 A.D.2d 867 (People v. Linderberry) 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. Linderberry, 215 A.D.2d 867, 626 N.Y.S.2d 876, 1995 N.Y. App. Div. LEXIS 5360 (N.Y. Ct. App. 1995).

Opinion

White, J. Appeal from a judgment of the Supreme Court (Monserrate, J.), rendered December 18, 1992 in Cortland County, upon a verdict convicting defendant of the crimes of murder in the second degree (two counts), rape in the first degree (two counts), kidnapping in the second degree, robbery in the first degree (two counts), burglary in the first degree (two counts), sodomy in the first degree and grand larceny in the third degree.

In this appeal defendant has mounted a multipronged challenge to his conviction following trial of the crimes of murder in the second degree (two counts), rape in the first degree (two counts), kidnapping in the second degree, robbery in the' first degree (two counts), burglary in the first degree (two counts), sodomy in the first degree and grand larceny in the third degree.

A review of the trial record shows that defendant’s conviction stems from a crime spree that commenced just after midnight on March 13, 1992 in the City of Cortland, Cortland County. At that time, defendant was lurking in the parking lot of Tops Market when he observed victim A leave the market and proceed to her car. Victim A noticed defendant approaching her and started to run back to the store; her flight ended, however, when defendant caught her, stabbed her in the stomach and dragged her back to her car, forcing [868]*868her into it. He then drove victim A to an isolated location where, brandishing a knife, he forced her to engage in sexual intercourse. Defendant then drove victim A, lying wounded and bleeding in the back seat, to the Cortland residence of his ex-wife, victim B, telling victim A he wanted to kill victim B.

Leaving victim A in the car, defendant broke down the door of victim B’s residence and entered her apartment where he found her lying on the floor watching television. An eyewitness related that defendant stabbed victim B three times before fleeing and, before she died, victim B told a police officer that "Oscar had done it”.

After leaving victim B’s residence defendant returned to the car, telling victim A, "I hope I killed her.” He then drove with victim A to an isolated area outside of Cortland where he forced her to engage in vaginal and anal intercourse, telling her "he wasn’t going to have sex for a long time [because] he was going to prison for murder”. Around sunrise of March 13, 1992, defendant let victim A out in the City of Ithaca, Tompkins County, and abandoned her car.

In Ithaca, defendant purchased a knife and abducted victim C, taking her car and forcing her to accompany him as he attempted to flee to Pennsylvania. During the flight, he told victim C that he had killed his ex-wife and had stabbed victim A when she resisted his demand for her car. Defendant’s flight ended around 12:45 p.m. in the Village of Endicott, Broome County, when he was apprehended by the police. He was immediately transported to a State Police substation where he gave the police an incriminating written statement.

Defendant’s first challenge is that the People, prior to a Huntley hearing, failed to provide him with Rosario material, specifically certain notes compiled by a Cortland police investigator. This challenge lacks substance because the People were not required to turn over the notes as the investigator was not a prosecution witness and, further, defendant made no request for them (see, People v Love, 187 AD2d 1030, Iv denied 81 NY2d 888; People v Duprey, 174 AD2d 835, 836, Iv denied 79 NY2d 856; see also, CPL 240.44).

Likewise, we find defendant’s claim that his confession was the product of psychological coercion to be without substance. Prior to his interrogation, defendant was given his Miranda rights which he knowingly, intelligently and voluntarily waived as evidenced by his written waiver. He was also provided with coffee and cigarettes. The interrogation commenced around 2:25 p.m. and ended at 3:47 p.m., during which [869]*869time the two officers present testified that defendant did not display any evidence of intoxication nor did he appear to be tired or have any difficulty in understanding the questions posed to him. Considering the totality of these circumstances, we concur with County Court’s determination

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

Related

People v. Johnston
273 A.D.2d 514 (Appellate Division of the Supreme Court of New York, 2000)
Davis v. State
257 A.D.2d 112 (Appellate Division of the Supreme Court of New York, 1999)
People v. Lucatuorto
261 A.D.2d 931 (Appellate Division of the Supreme Court of New York, 1999)
People v. Martinez
177 Misc. 2d 67 (New York Supreme Court, 1998)
People v. Rogers
247 A.D.2d 765 (Appellate Division of the Supreme Court of New York, 1998)
People v. Fish
240 A.D.2d 866 (Appellate Division of the Supreme Court of New York, 1997)
People v. Quesnel
238 A.D.2d 725 (Appellate Division of the Supreme Court of New York, 1997)
People v. Torres
237 A.D.2d 650 (Appellate Division of the Supreme Court of New York, 1997)
People v. Simpson
235 A.D.2d 960 (Appellate Division of the Supreme Court of New York, 1997)
People v. Trichilo
230 A.D.2d 926 (Appellate Division of the Supreme Court of New York, 1996)
People v. Richards
228 A.D.2d 792 (Appellate Division of the Supreme Court of New York, 1996)
People v. Miller
226 A.D.2d 833 (Appellate Division of the Supreme Court of New York, 1996)
People v. Hill
225 A.D.2d 902 (Appellate Division of the Supreme Court of New York, 1996)
People v. Decker
224 A.D.2d 860 (Appellate Division of the Supreme Court of New York, 1996)
People v. Garrette
223 A.D.2d 749 (Appellate Division of the Supreme Court of New York, 1996)
People v. Gillis
220 A.D.2d 802 (Appellate Division of the Supreme Court of New York, 1995)
People v. Parker
220 A.D.2d 815 (Appellate Division of the Supreme Court of New York, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
215 A.D.2d 867, 626 N.Y.S.2d 876, 1995 N.Y. App. Div. LEXIS 5360, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-linderberry-nyappdiv-1995.