People v. Ortiz

Appellate Division of the Supreme Court of New York

People v. Ortiz

279 A.D.2d 288, 718 N.Y.S.2d 820, 2001 N.Y. App. Div. LEXIS 151

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

DecidedJanuary 9, 2001

StatusPublished

This text of 279 A.D.2d 288 (People v. Ortiz) 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. Ortiz, 279 A.D.2d 288, 718 N.Y.S.2d 820, 2001 N.Y. App. Div. LEXIS 151 (N.Y. Ct. App. 2001).

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Opinion

Judgment, Supreme Court, New York County (Jay Gold, J.), rendered March 13, 1997, convicting defendant, after a jury trial, of burglary in the second degree and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to concurrent terms of 7 years and 1 year, and judgment, same court (James Yates, J.) rendered June 5, 1997, convicting defendant, upon his plea of guilty, of bail jumping in the second degree, and sentencing him, as a second felony offender, to a concurrent term of IV2 to 3 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was [289]*289not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility. The evidence, including the complainant’s testimony that she observed defendant attempting to take property, clearly established defendant’s intent to commit a crime in the complainant’s apartment, and the jury properly rejected defendant’s intoxication defense.

Defendant’s guilty plea was knowingly, intelligently and voluntarily made and nothing in his factual allocution casts any doubt upon his guilt of bail jumping (see, People v Toxey, 86 NY2d 725; People v Moore, 71 NY2d 1002, 1005). Concur— Rosenberger, J. P., Andrias, Wallach, Lerner and Buckley, JJ.

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Judgment, Supreme Court, New York County (Jay Gold, J.), rendered March 13, 1997, convicting defendant, after a jury trial, of burglary in the second degree and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony offender, to concurrent terms of 7 years and 1 year, and judgment, same court (James Yates, J.) rendered June 5, 1997, convicting defendant, upon his plea of guilty, of bail jumping in the second degree, and sentencing him, as a second felony offender, to a concurrent term of IV2 to 3 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was [289]*289not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility. The evidence, including the complainant’s testimony that she observed defendant attempting to take property, clearly established defendant’s intent to commit a crime in the complainant’s apartment, and the jury properly rejected defendant’s intoxication defense.

Defendant’s guilty plea was knowingly, intelligently and voluntarily made and nothing in his factual allocution casts any doubt upon his guilt of bail jumping (see, People v Toxey, 86 NY2d 725; People v Moore, 71 NY2d 1002, 1005). Concur— Rosenberger, J. P., Andrias, Wallach, Lerner and Buckley, JJ.

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Bluebook (online)

279 A.D.2d 288, 718 N.Y.S.2d 820, 2001 N.Y. App. Div. LEXIS 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ortiz-nyappdiv-2001.

Opinion

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