People v. Seymour

Appellate Division of the Supreme Court of New York

People v. Seymour

160 A.D.2d 499

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

DecidedApril 19, 1990

StatusPublished

Cited by1 cases

This text of 160 A.D.2d 499 (People v. Seymour) 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. Seymour, 160 A.D.2d 499 (N.Y. Ct. App. 1990).

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Opinion

—Judgment of the Supreme Court, Bronx County (Elrich Eastman, J.), rendered on June 19, 1986, convicting defendant, after a jury trial, of escape in the second degree, criminal trespass in the third degree, possession of burglar tools, criminal mischief in the fourth degree, criminal possession of stolen property in the third degree, petit larceny and resisting arrest and sentencing him to concurrent terms of 2 to 4 years on the escape count, 90 days on the trespass count, and one year on the remaining convictions, unanimously affirmed.

Defendant was discovered by the complaining witnesses in the nonpublic nurses locker room of the Jacobi Hospital Screening Clinic. The physical evidence was found by the nurses within close proximity to the defendant and its connection to the defendant was clearly not at all tenuous and sufficiently relevant to be admitted (People v Mirenda, 23 NY2d 439, 453). A proper foundation was established for its admission and a sufficient chain of custody demonstrated. Concur—Murphy, P. J., Sullivan, Carro, Wallach and Rubin, JJ.

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—Judgment of the Supreme Court, Bronx County (Elrich Eastman, J.), rendered on June 19, 1986, convicting defendant, after a jury trial, of escape in the second degree, criminal trespass in the third degree, possession of burglar tools, criminal mischief in the fourth degree, criminal possession of stolen property in the third degree, petit larceny and resisting arrest and sentencing him to concurrent terms of 2 to 4 years on the escape count, 90 days on the trespass count, and one year on the remaining convictions, unanimously affirmed.

Defendant was discovered by the complaining witnesses in the nonpublic nurses locker room of the Jacobi Hospital Screening Clinic. The physical evidence was found by the nurses within close proximity to the defendant and its connection to the defendant was clearly not at all tenuous and sufficiently relevant to be admitted (People v Mirenda, 23 NY2d 439, 453). A proper foundation was established for its admission and a sufficient chain of custody demonstrated. Concur—Murphy, P. J., Sullivan, Carro, Wallach and Rubin, JJ.

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Bluebook (online)

160 A.D.2d 499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-seymour-nyappdiv-1990.

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