People v. Simpson

Appellate Division of the Supreme Court of New York

People v. Simpson

209 A.D.2d 281, 619 N.Y.S.2d 259, 1994 N.Y. App. Div. LEXIS 11350

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

DecidedNovember 17, 1994

StatusPublished

Cited by7 cases

This text of 209 A.D.2d 281 (People v. Simpson) 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. Simpson, 209 A.D.2d 281, 619 N.Y.S.2d 259, 1994 N.Y. App. Div. LEXIS 11350 (N.Y. Ct. App. 1994).

Pincite

Opinion

—Judgment, Supreme Court, New York County (Dorothy A. Cropper, J., at plea and sentence), rendered November 23, 1992, convicting defendant, upon a guilty plea, of one count each of man[282]*282slaughter in the first degree (Penal Law § 125.20 [1]), criminal possession of a weapon in the second degree (Penal Law § 265.03), and criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]), and sentencing him to a prison term of 8 Vs to 25 years on the manslaughter count to run consecutively to two concurrent terms of lVs to 5 years on the weapons counts, unanimously affirmed.

On August 14, 1991, defendant was visiting his ex-girlfriend, Tanacia McLean, at Ms. McLean’s apartment when Kevin Turner, her current boyfriend, called on the intercom from outside the building. Ms. McLean’s brother, who was also present in the apartment, allegedly saw defendant put a gun in the front of his pants immediately following Mr. Turner’s call. Defendant, at the behest of his ex-girlfriend, allegedly agreed to remain in the apartment while she went downstairs to speak with Mr. Turner. After Ms. McLean and Mr. Turner began arguing, defendant descended the stairs and, after a brief verbal confrontation, shot Mr. Turner in the head, inflicting a wound from which he died two days later.

Contrary to defendant’s assertions, the plea bargain, which provided that the manslaughter count was to run consecutively with the weapons counts, was not improper. It is clear that defendant’s possession of a weapon, which was complete prior to the shooting, and its subsequent use were separate, successive acts allowing for the imposition of consecutive sentences (see, Penal Law § 70.25 [2]; People v Valverde, 205 AD2d 444, 445; People v Southern, 198 AD2d 24, 25, lv denied 83 NY2d 810; People v Davis, 174 AD2d 369, 370, lv denied 83 NY2d 966; People v Robbins, 118 AD2d 820, lv denied 67 NY2d 949).

The unpublished Decision and Order of this Court entered on October 20, 1994 is recalled and vacated. Concur—Murphy, P. J., Sullivan, Rosenberger, Nardelli and Tom, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

—Judgment, Supreme Court, New York County (Dorothy A. Cropper, J., at plea and sentence), rendered November 23, 1992, convicting defendant, upon a guilty plea, of one count each of man[282]*282slaughter in the first degree (Penal Law § 125.20 [1]), criminal possession of a weapon in the second degree (Penal Law § 265.03), and criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]), and sentencing him to a prison term of 8 Vs to 25 years on the manslaughter count to run consecutively to two concurrent terms of lVs to 5 years on the weapons counts, unanimously affirmed.

On August 14, 1991, defendant was visiting his ex-girlfriend, Tanacia McLean, at Ms. McLean’s apartment when Kevin Turner, her current boyfriend, called on the intercom from outside the building. Ms. McLean’s brother, who was also present in the apartment, allegedly saw defendant put a gun in the front of his pants immediately following Mr. Turner’s call. Defendant, at the behest of his ex-girlfriend, allegedly agreed to remain in the apartment while she went downstairs to speak with Mr. Turner. After Ms. McLean and Mr. Turner began arguing, defendant descended the stairs and, after a brief verbal confrontation, shot Mr. Turner in the head, inflicting a wound from which he died two days later.

Contrary to defendant’s assertions, the plea bargain, which provided that the manslaughter count was to run consecutively with the weapons counts, was not improper. It is clear that defendant’s possession of a weapon, which was complete prior to the shooting, and its subsequent use were separate, successive acts allowing for the imposition of consecutive sentences (see, Penal Law § 70.25 [2]; People v Valverde, 205 AD2d 444, 445; People v Southern, 198 AD2d 24, 25, lv denied 83 NY2d 810; People v Davis, 174 AD2d 369, 370, lv denied 83 NY2d 966; People v Robbins, 118 AD2d 820, lv denied 67 NY2d 949).

The unpublished Decision and Order of this Court entered on October 20, 1994 is recalled and vacated. Concur—Murphy, P. J., Sullivan, Rosenberger, Nardelli and Tom, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

209 A.D.2d 281, 619 N.Y.S.2d 259, 1994 N.Y. App. Div. LEXIS 11350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-simpson-nyappdiv-1994.

Opinion

Related

Cite This Page — Counsel Stack