People v. Spikes

Appellate Division of the Supreme Court of New York

People v. Spikes

242 A.D.2d 924, 665 N.Y.S.2d 369, 1997 N.Y. App. Div. LEXIS 10503

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

DecidedSeptember 30, 1997

StatusPublished

This text of 242 A.D.2d 924 (People v. Spikes) 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. Spikes, 242 A.D.2d 924, 665 N.Y.S.2d 369, 1997 N.Y. App. Div. LEXIS 10503 (N.Y. Ct. App. 1997).

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Opinion

Judgment unanimously affirmed. Memorandum: County Court did not err in admitting that portion of defendant’s statement that included evidence of an uncharged crime. That evidence was relevant on the disputed issues of intent and acting in concert (see, People v Carter, 77 NY2d 95, 107, cert denied 499 US 967; People v Wright, 226 AD2d 407, lv denied 89 NY2d 932; People v Wright, 167 AD2d 959, 960, lv denied 77 NY2d 845), and the court properly gave limiting instructions with respect to it (see, People v Till, 87 NY2d 835, 837; People v Wright, supra, at 960). We further conclude that the sentence is not unduly harsh or severe. (Appeal from Judgment of Monroe County Court, Smith, J.—Murder, 2nd Degree.) Present—Green, J. P., Law-ton, Wisner, Balio and Boehm, JJ.

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Judgment unanimously affirmed. Memorandum: County Court did not err in admitting that portion of defendant’s statement that included evidence of an uncharged crime. That evidence was relevant on the disputed issues of intent and acting in concert (see, People v Carter, 77 NY2d 95, 107, cert denied 499 US 967; People v Wright, 226 AD2d 407, lv denied 89 NY2d 932; People v Wright, 167 AD2d 959, 960, lv denied 77 NY2d 845), and the court properly gave limiting instructions with respect to it (see, People v Till, 87 NY2d 835, 837; People v Wright, supra, at 960). We further conclude that the sentence is not unduly harsh or severe. (Appeal from Judgment of Monroe County Court, Smith, J.—Murder, 2nd Degree.) Present—Green, J. P., Law-ton, Wisner, Balio and Boehm, JJ.

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Bluebook (online)

242 A.D.2d 924, 665 N.Y.S.2d 369, 1997 N.Y. App. Div. LEXIS 10503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-spikes-nyappdiv-1997.

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