People v. Peoples

Appellate Division of the Supreme Court of New York

People v. Peoples

287 A.D.2d 413, 732 N.Y.S.2d 331, 2001 N.Y. App. Div. LEXIS 10097

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

DecidedOctober 30, 2001

StatusPublished

This text of 287 A.D.2d 413 (People v. Peoples) 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. Peoples, 287 A.D.2d 413, 732 N.Y.S.2d 331, 2001 N.Y. App. Div. LEXIS 10097 (N.Y. Ct. App. 2001).

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Opinion

—Judgment, Supreme Court, New York County (Christopher Burns, J.), rendered September 23, 1999, convicting defendant, after a jury trial, of attempted robbery in the third degree, and sentencing him, as a persistent felony offender, to a term of 15 years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues concerning identification and credibility were properly considered by the trier of fact and there is no basis upon which to disturb its determinations (see, People v Gaimari, 176 NY 84, 94). The victim made a reliable identification that was corroborated by the circumstances of defendant’s arrest, including the recovery of a boxcutter.

The court properly exercised its discretion in sentencing defendant as a persistent felony offender in view of his lengthy history of serious crimes. Defendant’s constitutional challenge to the procedure under which he was sentenced as a persistent felony offender is unpreserved for appellate review and, in any event, is without merit (see, People v Rosen, 96 NY2d 329, cert denied — US —, 122 S Ct 224).

Defendant’s remaining contentions, including those contained in his pro se supplemental brief, are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them. Concur — Nardelli, J. P., Andrias, Lerner, Saxe and Marlow, JJ.

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—Judgment, Supreme Court, New York County (Christopher Burns, J.), rendered September 23, 1999, convicting defendant, after a jury trial, of attempted robbery in the third degree, and sentencing him, as a persistent felony offender, to a term of 15 years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues concerning identification and credibility were properly considered by the trier of fact and there is no basis upon which to disturb its determinations (see, People v Gaimari, 176 NY 84, 94). The victim made a reliable identification that was corroborated by the circumstances of defendant’s arrest, including the recovery of a boxcutter.

The court properly exercised its discretion in sentencing defendant as a persistent felony offender in view of his lengthy history of serious crimes. Defendant’s constitutional challenge to the procedure under which he was sentenced as a persistent felony offender is unpreserved for appellate review and, in any event, is without merit (see, People v Rosen, 96 NY2d 329, cert denied — US —, 122 S Ct 224).

Defendant’s remaining contentions, including those contained in his pro se supplemental brief, are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them. Concur — Nardelli, J. P., Andrias, Lerner, Saxe and Marlow, JJ.

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Bluebook (online)

287 A.D.2d 413, 732 N.Y.S.2d 331, 2001 N.Y. App. Div. LEXIS 10097, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-peoples-nyappdiv-2001.

Opinion

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