People v. Straker

Appellate Division of the Supreme Court of New York

People v. Straker

291 A.D.2d 246, 736 N.Y.S.2d 873, 2002 N.Y. App. Div. LEXIS 1556

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

DecidedFebruary 7, 2002

StatusPublished

Cited by2 cases

This text of 291 A.D.2d 246 (People v. Straker) 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. Straker, 291 A.D.2d 246, 736 N.Y.S.2d 873, 2002 N.Y. App. Div. LEXIS 1556 (N.Y. Ct. App. 2002).

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Opinion

—Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered March 15, 1999, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 2xh to 5 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490). There is no basis upon which to disturb the jury’s determinations concerning credibility. The credible evidence clearly established that defendant, after shoplifting merchandise, twice engaged in the use of physical force against the store’s security guard in efforts to retain control of the stolen property, which continued to be in his possession (see, People v McMahon, 279 AD2d 272, lv denied 96 NY2d 803).

The court also properly precluded defendant’s attempt to impeach the security guard concerning his omission of certain facts from his testimony before the grand jury, since there was no showing that his attention was drawn to those facts by specific questioning (see, People v Bornholdt, 33 NY2d 75, 88, cert denied sub nom. Victory v New York, 416 US 905), and since his failure to volunteer the additional information was not an unnatural omission (compare, People v Montalvo, 285 AD2d 384, lv denied 96 NY2d 941). Concur — Williams, J.P., Saxe, Ellerin, Lerner and Friedman, JJ.

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—Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered March 15, 1999, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 2xh to 5 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490). There is no basis upon which to disturb the jury’s determinations concerning credibility. The credible evidence clearly established that defendant, after shoplifting merchandise, twice engaged in the use of physical force against the store’s security guard in efforts to retain control of the stolen property, which continued to be in his possession (see, People v McMahon, 279 AD2d 272, lv denied 96 NY2d 803).

The court also properly precluded defendant’s attempt to impeach the security guard concerning his omission of certain facts from his testimony before the grand jury, since there was no showing that his attention was drawn to those facts by specific questioning (see, People v Bornholdt, 33 NY2d 75, 88, cert denied sub nom. Victory v New York, 416 US 905), and since his failure to volunteer the additional information was not an unnatural omission (compare, People v Montalvo, 285 AD2d 384, lv denied 96 NY2d 941). Concur — Williams, J.P., Saxe, Ellerin, Lerner and Friedman, JJ.

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Bluebook (online)

291 A.D.2d 246, 736 N.Y.S.2d 873, 2002 N.Y. App. Div. LEXIS 1556, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-straker-nyappdiv-2002.

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