People v. McNeil

Appellate Division of the Supreme Court of New York

People v. McNeil

267 A.D.2d 9, 698 N.Y.S.2d 488, 1999 N.Y. App. Div. LEXIS 12390

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

DecidedDecember 2, 1999

StatusPublished

This text of 267 A.D.2d 9 (People v. McNeil) 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. McNeil, 267 A.D.2d 9, 698 N.Y.S.2d 488, 1999 N.Y. App. Div. LEXIS 12390 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, New York County (James Yates, J., on speedy trial motions; Antonio Brandveen, J., at jury trial and sentence) rendered January 10, 1995, convicting defendant of two counts of robbery in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.

The verdict was not against the weight of the evidence. We see no reason to disturb the jury’s determinations concerning credibility.

Defendant’s speedy trial motions were properly denied. The August 24, 1993 adjournment was excludable, notwithstanding the unavailability of minutes of that adjournment, because the totality of the record, including the submissions on the motion (see, People v Silva, 237 AD2d 216, lv denied 89 NY2d 1100; People v Chambers, 226 AD2d 284, lv denied 981), establish. that the adjournment was necessitated by the arresting officer’s injury. The minutes of the September 21, 1993 adjournment establish that it was at the request or with the consent of defendant. The entire December 16, 1993 adjournment represented a reasonable period of delay following motion practice (see, People v Hairston, 242 AD2d 466, lv denied 91 NY2d 892). Concur — Ellerin, P. J., Rosenberger, Nardelli, Mazzarelli and Friedman, JJ.

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—Judgment, Supreme Court, New York County (James Yates, J., on speedy trial motions; Antonio Brandveen, J., at jury trial and sentence) rendered January 10, 1995, convicting defendant of two counts of robbery in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.

The verdict was not against the weight of the evidence. We see no reason to disturb the jury’s determinations concerning credibility.

Defendant’s speedy trial motions were properly denied. The August 24, 1993 adjournment was excludable, notwithstanding the unavailability of minutes of that adjournment, because the totality of the record, including the submissions on the motion (see, People v Silva, 237 AD2d 216, lv denied 89 NY2d 1100; People v Chambers, 226 AD2d 284, lv denied 981), establish. that the adjournment was necessitated by the arresting officer’s injury. The minutes of the September 21, 1993 adjournment establish that it was at the request or with the consent of defendant. The entire December 16, 1993 adjournment represented a reasonable period of delay following motion practice (see, People v Hairston, 242 AD2d 466, lv denied 91 NY2d 892). Concur — Ellerin, P. J., Rosenberger, Nardelli, Mazzarelli and Friedman, JJ.

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Bluebook (online)

267 A.D.2d 9, 698 N.Y.S.2d 488, 1999 N.Y. App. Div. LEXIS 12390, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcneil-nyappdiv-1999.

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