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People v. Lopez

106 A.D.3d 1109, 965 N.Y.S.2d 621
Procedural entryThis page is a short order in People v. Lopez. Read the opinion of the Court — 74 A.D.3d 1498 →
Appellate Division of the Supreme Court of the State of New York·Decided May 29, 2013·Published

Opinion

—Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered September 12, 2006, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress his statements to law enforcement officials.

Ordered that the judgment is affirmed.

The defendant’s contention that his inculpatory statements [1110]*1110should have been suppressed because the Yonkers police officers who arrested him had no authority to arrest him in Massachusetts is unpreserved for appellate review (see CPL 470.05 [2]; People v Rogers, 34 AD3d 504 [2006]; People v Catoe, 181 AD2d 905 [1992]). In any event, his contention is without merit, as the Yonkers police officers were actively assisted in apprehending him by Massachusetts police officers (see People v Johnson, 303 AD2d 903, 905-906 [2003]; People v Perea, 182 AD2d 718, 719 [1992]; People v Wallace, 155 AD2d 708, 709-710 [1989]).

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt.

In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we nevertheless accord great deference to the jury’s opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383 [2004], cert denied 542 US 946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).

The sentence imposed was not excessive (see CPL 470.15 [2] [c]; [6] [b]; 470.20 [6]; People v Thompson, 60 NY2d 513, 519 [1983]; People v Suitte, 90 AD2d 80 [1982]). Mastro, J.P., Leventhal, Sgroi and Miller, JJ., concur.

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People v. Lopez, 106 A.D.3d 1109, 965 N.Y.S.2d 621 (N.Y. Ct. App. 2013).

106 A.D.3d 1109 (People v. Lopez) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Mateo
811 N.E.2d 1053 (New York Court of Appeals, 2004)
People v. Danielson
880 N.E.2d 1 (New York Court of Appeals, 2007)
People v. Romero
859 N.E.2d 902 (New York Court of Appeals, 2006)
People v. Thompson
458 N.E.2d 1228 (New York Court of Appeals, 1983)
People v. Contes
454 N.E.2d 932 (New York Court of Appeals, 1983)
People v. Bleakley
508 N.E.2d 672 (New York Court of Appeals, 1987)
People v. Rogers
34 A.D.3d 504 (Appellate Division of the Supreme Court of New York, 2006)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Wallace
155 A.D.2d 708 (Appellate Division of the Supreme Court of New York, 1989)
People v. Catoe
181 A.D.2d 905 (Appellate Division of the Supreme Court of New York, 1992)
People v. Perea
182 A.D.2d 718 (Appellate Division of the Supreme Court of New York, 1992)
People v. Johnson
303 A.D.2d 903 (Appellate Division of the Supreme Court of New York, 2003)