People v. Powers

173 A.D.2d 886, 570 N.Y.S.2d 362, 1991 N.Y. App. Div. LEXIS 5319
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMay 2, 1991
StatusPublished
Cited by12 cases

This text of 173 A.D.2d 886 (People v. Powers) 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. Powers, 173 A.D.2d 886, 570 N.Y.S.2d 362, 1991 N.Y. App. Div. LEXIS 5319 (N.Y. Ct. App. 1991).

Opinion

Mikoll, J.

Appeal from a judgment of the County Court of Broome County (Monserrate, J.), rendered April 15, 1987, upon a verdict convicting defendant of the crimes of burglary in the third degree, criminal possession of a weapon in the third degree (four counts) and conspiracy in the fourth degree.

The questions presented on this appeal are: (1) whether County Court properly allowed into evidence the sawed-off shotgun seized pursuant to a search warrant from a garaged Mazda automobile, (2) whether there was sufficient circumstantial evidence to sustain defendant’s conviction for possession of the shotgun, (3) whether County Court properly instructed the jury concerning accomplice testimony, and (4) whether the sentence was within the court’s discretion. In our [887]*887view the questions should be answered in the affirmative and the judgment affirmed.

On the evening of September 26, 1986, Fran Paddleford and her friend, Vicky Deyo, met Frank Powers and his friend, Kenneth Horton, at a parking ramp in the City of Binghamton, Broome County. Paddleford and Powers returned to her apartment in the Village of Johnson City, Broome County. Powers slept on the couch that night and the next day Powers and Horton "moved in” to the apartment, residing there until November 1, 1986. Sherry Florence, who was Horton’s girlfriend, defendant, who was Powers’ brother, and defendant’s friend, Jeff Van Norman, became regular visitors at the apartment.

On their initial visit in the first week of October 1986, defendant and Van Norman brought with them a blue gym or duffel bag containing a 12-gauge sawed-off shotgun nicknamed "Shorty”. This shotgun was stored in Paddleford’s bedroom closet or in the trunk or front seat of Powers’ brown Pontiac automobile until November 1, 1986, when Paddleford asked Powers to leave her apartment for good. He did so and left with the sawed-off shotgun.

On November 8, 1986, Paddleford informed Detective Mike Nowak of the Johnson City Police Department of apparent burglaries and other illegal activity that she learned Powers, Van Norman, defendant and others were involved in through conversations between defendant and his friends and observations she made at her apartment during the month of October 1986. Police investigation and the reports of other visitors at Paddleford’s apartment confirmed Paddleford’s disclosures and led to the issuance and execution of search warrants and defendant’s arrest. On the evening of November 8, 1986, during the execution of a search warrant for the garage of defendant’s rented apartment, a sawed-off shotgun was seized from the trunk of an unregistered Mazda automobile.

Subsequently, defendant was indicted, along with others, and charged with four counts of criminal possession of a weapon in the third degree, two counts of burglary in the third degree and one count of conspiracy in the fourth degree. Defendant’s pretrial motion to suppress the seized shotgun was denied.

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Bluebook (online)
173 A.D.2d 886, 570 N.Y.S.2d 362, 1991 N.Y. App. Div. LEXIS 5319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-powers-nyappdiv-1991.