People v. Moore

Appellate Division of the Supreme Court of New York

People v. Moore

201 A.D.2d 436, 609 N.Y.S.2d 775, 1994 N.Y. App. Div. LEXIS 1553

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

DecidedFebruary 24, 1994

StatusPublished

This text of 201 A.D.2d 436 (People v. Moore) 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. Moore, 201 A.D.2d 436, 609 N.Y.S.2d 775, 1994 N.Y. App. Div. LEXIS 1553 (N.Y. Ct. App. 1994).

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Opinion

Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered October 30, 1991, convicting defendant, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 17 years to life and 5 to 15 years, respectively, unanimously affirmed.

Defendant’s claim that his conviction should be reversed and the indictment dismissed because the prosecutor improperly elicited testimony of uncharged crimes before the Grand Jury is unpreserved as a matter of law for failure to make a pretrial motion to dismiss the indictment within 45 days after the arraignment (CPL 255.10 [1] [a]; 255.20 [1]). In any event, the claim is without merit since the testimony elicited from the eyewitness to the murder was probative of defendant’s motive for the killing (CPL 190.30 [1]; People v Alvino, 71 NY2d 233, 241-242).

We have considered defendant’s other claims and find they do not warrant any modification of the judgment. Concur— Rosenberger, J. P., Ross, Asch, Rubin and Williams, JJ.

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Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered October 30, 1991, convicting defendant, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second degree, and sentencing him to concurrent terms of 17 years to life and 5 to 15 years, respectively, unanimously affirmed.

Defendant’s claim that his conviction should be reversed and the indictment dismissed because the prosecutor improperly elicited testimony of uncharged crimes before the Grand Jury is unpreserved as a matter of law for failure to make a pretrial motion to dismiss the indictment within 45 days after the arraignment (CPL 255.10 [1] [a]; 255.20 [1]). In any event, the claim is without merit since the testimony elicited from the eyewitness to the murder was probative of defendant’s motive for the killing (CPL 190.30 [1]; People v Alvino, 71 NY2d 233, 241-242).

We have considered defendant’s other claims and find they do not warrant any modification of the judgment. Concur— Rosenberger, J. P., Ross, Asch, Rubin and Williams, JJ.

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Bluebook (online)

201 A.D.2d 436, 609 N.Y.S.2d 775, 1994 N.Y. App. Div. LEXIS 1553, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-moore-nyappdiv-1994.

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