People v. Velasquez

Appellate Division of the Supreme Court of New York

People v. Velasquez

190 A.D.2d 534, 593 N.Y.S.2d 215, 1993 N.Y. App. Div. LEXIS 931

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

DecidedFebruary 4, 1993

StatusPublished

Cited by1 cases

This text of 190 A.D.2d 534 (People v. Velasquez) 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. Velasquez, 190 A.D.2d 534, 593 N.Y.S.2d 215, 1993 N.Y. App. Div. LEXIS 931 (N.Y. Ct. App. 1993).

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Opinion

— Judgment, Supreme Court, New York County (Alfred Kleiman, J., at severance motion; Murray Mogel, J., at suppression hearing; Budd Goodman, J., at jury trial), rendered September 27, 1990, convicting defendant of robbery in the first degree and criminal possession of a weapon in the fourth degree, and sentencing him, as a persistent violent felony offender, to a term of 12 years to life on the robbery count and to time served on the weapon possession count, unanimously affirmed.

Evidence at trial was that 10 days after defendant robbed the complainant at knifepoint, the complainant and a neighbor found him sleeping in their building, and that when defendant was awakened he brandished the knife he had used during the robbery. There is no merit to defendant’s argument that the weapon possession count should have been severed from the robbery count (CPL 200.20 [2] [b]). Neither the inadvertent mention that defendant possessed drugs when he was arrested nor the prosecutor’s summation deprived defendant of a fair trial, the court’s prompt, curative instruction preventing any prejudice (People v Moore, 71 NY2d 684, 688). Finally, the evidence that defendant wielded the knife to keep the complainant and her neighbors at bay is sufficient to establish defendant’s guilt of criminal possession of a weapon in the fourth degree. Concur — Murphy, P. J., Sullivan, Rosenberger and Kupferman, JJ.

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— Judgment, Supreme Court, New York County (Alfred Kleiman, J., at severance motion; Murray Mogel, J., at suppression hearing; Budd Goodman, J., at jury trial), rendered September 27, 1990, convicting defendant of robbery in the first degree and criminal possession of a weapon in the fourth degree, and sentencing him, as a persistent violent felony offender, to a term of 12 years to life on the robbery count and to time served on the weapon possession count, unanimously affirmed.

Evidence at trial was that 10 days after defendant robbed the complainant at knifepoint, the complainant and a neighbor found him sleeping in their building, and that when defendant was awakened he brandished the knife he had used during the robbery. There is no merit to defendant’s argument that the weapon possession count should have been severed from the robbery count (CPL 200.20 [2] [b]). Neither the inadvertent mention that defendant possessed drugs when he was arrested nor the prosecutor’s summation deprived defendant of a fair trial, the court’s prompt, curative instruction preventing any prejudice (People v Moore, 71 NY2d 684, 688). Finally, the evidence that defendant wielded the knife to keep the complainant and her neighbors at bay is sufficient to establish defendant’s guilt of criminal possession of a weapon in the fourth degree. Concur — Murphy, P. J., Sullivan, Rosenberger and Kupferman, JJ.

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Bluebook (online)

190 A.D.2d 534, 593 N.Y.S.2d 215, 1993 N.Y. App. Div. LEXIS 931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-velasquez-nyappdiv-1993.

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