People v. McCray

Appellate Division of the Supreme Court of New York

People v. McCray

284 A.D.2d 111, 725 N.Y.S.2d 546, 2001 N.Y. App. Div. LEXIS 5666

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

DecidedJune 5, 2001

StatusPublished

Cited by1 cases

This text of 284 A.D.2d 111 (People v. McCray) 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. McCray, 284 A.D.2d 111, 725 N.Y.S.2d 546, 2001 N.Y. App. Div. LEXIS 5666 (N.Y. Ct. App. 2001).

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Opinion

—Judgment, Supreme Court, New York County (Micki Scherer, J.), rendered April 14, 1998, convicting defendant, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second and third degrees, and sentencing him, as a second violent felony offender, to concurrent terms of 25 years to life, 7 years and 5 years, unanimously affirmed.

The verdict was supported by legally sufficient evidence and was not against the weight of the evidence. Issues of credibility were properly presented to the jury and we see no reason to disturb its findings. The credible evidence clearly established defendant’s homicidal intent and disproved his justification defense.

The court appropriately exercised its discretion in denying defendant’s last-minute request, after the prosecution had finished its case, for a continuance to attempt to produce a potential witness. Defendant failed to show that he could be produced within a reasonable time (see, Matter of Anthony M., 63 NY2d 270, 283-284; People v Covington, 233 AD2d 169, lv denied 89 NY2d 941). Concur — Sullivan, P. J., Rosenberger, Ellerin, Wallach and Marlow, JJ.

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—Judgment, Supreme Court, New York County (Micki Scherer, J.), rendered April 14, 1998, convicting defendant, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second and third degrees, and sentencing him, as a second violent felony offender, to concurrent terms of 25 years to life, 7 years and 5 years, unanimously affirmed.

The verdict was supported by legally sufficient evidence and was not against the weight of the evidence. Issues of credibility were properly presented to the jury and we see no reason to disturb its findings. The credible evidence clearly established defendant’s homicidal intent and disproved his justification defense.

The court appropriately exercised its discretion in denying defendant’s last-minute request, after the prosecution had finished its case, for a continuance to attempt to produce a potential witness. Defendant failed to show that he could be produced within a reasonable time (see, Matter of Anthony M., 63 NY2d 270, 283-284; People v Covington, 233 AD2d 169, lv denied 89 NY2d 941). Concur — Sullivan, P. J., Rosenberger, Ellerin, Wallach and Marlow, JJ.

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Bluebook (online)

284 A.D.2d 111, 725 N.Y.S.2d 546, 2001 N.Y. App. Div. LEXIS 5666, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mccray-nyappdiv-2001.

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