People v. Mendoza

Appellate Division of the Supreme Court of New York

People v. Mendoza

248 A.D.2d 248, 670 N.Y.S.2d 36, 1998 N.Y. App. Div. LEXIS 2539

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

DecidedMarch 17, 1998

StatusPublished

This text of 248 A.D.2d 248 (People v. Mendoza) 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. Mendoza, 248 A.D.2d 248, 670 N.Y.S.2d 36, 1998 N.Y. App. Div. LEXIS 2539 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered January 6, 1995, convicting defendant, after a jury trial, of murder in the second degree, robbery in the first degree and criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 23 years to life, SVs to 25 years and 5 to 15 years, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The killing of the restaurant manager simultaneously with the execution of the robbery of the cash receipts of the restaurant satisfied the element of a death caused “in furtherance of’ a robbery within the meaning of Penal Law § 125.25 (3) and we reject defendant’s argument that the circumstantial evidence raises a reasonable doubt with respect to this issue. We perceive no abuse of sentencing discretion. We have considered defendant’s other contentions and find them to be without merit.

Concur — Ellerin, J. P., Wallach, Rubin, Tom and Saxe, JJ.

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—Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered January 6, 1995, convicting defendant, after a jury trial, of murder in the second degree, robbery in the first degree and criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 23 years to life, SVs to 25 years and 5 to 15 years, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The killing of the restaurant manager simultaneously with the execution of the robbery of the cash receipts of the restaurant satisfied the element of a death caused “in furtherance of’ a robbery within the meaning of Penal Law § 125.25 (3) and we reject defendant’s argument that the circumstantial evidence raises a reasonable doubt with respect to this issue. We perceive no abuse of sentencing discretion. We have considered defendant’s other contentions and find them to be without merit.

Concur — Ellerin, J. P., Wallach, Rubin, Tom and Saxe, JJ.

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Bluebook (online)

248 A.D.2d 248, 670 N.Y.S.2d 36, 1998 N.Y. App. Div. LEXIS 2539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mendoza-nyappdiv-1998.

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