People v. Pressley

Appellate Division of the Supreme Court of New York

People v. Pressley

162 A.D.2d 196, 556 N.Y.S.2d 321, 1990 N.Y. App. Div. LEXIS 7093

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

DecidedJune 12, 1990

StatusPublished

This text of 162 A.D.2d 196 (People v. Pressley) 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. Pressley, 162 A.D.2d 196, 556 N.Y.S.2d 321, 1990 N.Y. App. Div. LEXIS 7093 (N.Y. Ct. App. 1990).

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Opinion

Judgment, Supreme Court, Bronx County (Joseph A. Mazur, J.), rendered February 19, 1988, convicting defendant, after a jury trial, of burglary in the second degree and sentencing him, as a persistent violent felony offender, to an indeterminate term of from 12 years’ to life imprisonment, unanimously affirmed.

Defendant was apprehended within minutes after committing a burglary, having been observed emerging from a window carrying a black plastic bag containing two VCRs and a black leather jacket. While there were inconsistencies in the eyewitness testimony, these inconsistencies were for the jury to resolve and, in view of defendant’s swift apprehension while in possession of the proceeds of the burglary, his guilt was clearly established beyond a reasonable doubt.

Defendant’s pro se complaints regarding various statements by the prosecutor in summation have either been unpreserved for our review by an objection at trial or were responsive to statements made by defense counsel in summation. There was no error in denying the motion to suppress the prompt, on-the-scene showup identification, nor was defendant’s sentence, as a persistent violent felony offender, excessive.

We have reviewed the remaining contentions and find them to be without merit. Concur—Kupferman, J. P., Sullivan, Asch, Wallach and Smith, JJ.

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Judgment, Supreme Court, Bronx County (Joseph A. Mazur, J.), rendered February 19, 1988, convicting defendant, after a jury trial, of burglary in the second degree and sentencing him, as a persistent violent felony offender, to an indeterminate term of from 12 years’ to life imprisonment, unanimously affirmed.

Defendant was apprehended within minutes after committing a burglary, having been observed emerging from a window carrying a black plastic bag containing two VCRs and a black leather jacket. While there were inconsistencies in the eyewitness testimony, these inconsistencies were for the jury to resolve and, in view of defendant’s swift apprehension while in possession of the proceeds of the burglary, his guilt was clearly established beyond a reasonable doubt.

Defendant’s pro se complaints regarding various statements by the prosecutor in summation have either been unpreserved for our review by an objection at trial or were responsive to statements made by defense counsel in summation. There was no error in denying the motion to suppress the prompt, on-the-scene showup identification, nor was defendant’s sentence, as a persistent violent felony offender, excessive.

We have reviewed the remaining contentions and find them to be without merit. Concur—Kupferman, J. P., Sullivan, Asch, Wallach and Smith, JJ.

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Bluebook (online)

162 A.D.2d 196, 556 N.Y.S.2d 321, 1990 N.Y. App. Div. LEXIS 7093, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pressley-nyappdiv-1990.