People v. Symonds

Appellate Division of the Supreme Court of New York

People v. Symonds

114 A.D.3d 456, 979 N.Y.S.2d 802

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

DecidedFebruary 6, 2014

StatusPublished

This text of 114 A.D.3d 456 (People v. Symonds) 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. Symonds, 114 A.D.3d 456, 979 N.Y.S.2d 802 (N.Y. Ct. App. 2014).

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Opinion

Judgment, Supreme Court, Bronx County (Martin Marcus, J., at dismissal motion; Peter Benitez, J., at jury trial and sentencing), rendered November 17, 2009, convicting defendant of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). Defendant’s assertion that the DNA evidence against him could have been the product of crime scene contamination is speculative. Moreover, there was additional circumstantial evidence connecting defendant to the crime.

After a thorough hearing, the motion court properly declined to dismiss the indictment on the ground of prearrest delay (see People v Taranovich, 37 NY2d 442, 445 [1975]). Although the delay was lengthy, it was satisfactorily explained and was a permissible exercise of prosecutorial discretion (see People v Decker, 13 NY3d 12 [2009]). We find defendant’s claim that he was prejudiced by the delay unpersuasive. Concur — Sweeny, J.P, Andrias, Freedman, Richter and Clark, JJ.

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Judgment, Supreme Court, Bronx County (Martin Marcus, J., at dismissal motion; Peter Benitez, J., at jury trial and sentencing), rendered November 17, 2009, convicting defendant of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). Defendant’s assertion that the DNA evidence against him could have been the product of crime scene contamination is speculative. Moreover, there was additional circumstantial evidence connecting defendant to the crime.

After a thorough hearing, the motion court properly declined to dismiss the indictment on the ground of prearrest delay (see People v Taranovich, 37 NY2d 442, 445 [1975]). Although the delay was lengthy, it was satisfactorily explained and was a permissible exercise of prosecutorial discretion (see People v Decker, 13 NY3d 12 [2009]). We find defendant’s claim that he was prejudiced by the delay unpersuasive. Concur — Sweeny, J.P, Andrias, Freedman, Richter and Clark, JJ.

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Bluebook (online)

114 A.D.3d 456, 979 N.Y.S.2d 802, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-symonds-nyappdiv-2014.

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