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People v. Davis

Appellate Division of the Supreme Court of New York, First Department
Oct 4, 1990
166 A.D.2d 197 (N.Y. App. Div. 1990)

Opinion

October 4, 1990

Appeal from the Supreme Court, New York County, Stephen Crane, J.


Defendant was charged with 17 counts of robbery and attempted robbery in four indictments. During each of the robberies, targeting small businesses, the defendant demanded the cash register receipts, and compelled the victim to lift the cash register tray before he departed. Several of the robberies were committed minutes apart in the same neighborhood. The trial court granted the People's motion to consolidate the indictments on default, later declining to vacate the default.

Whether or not the court properly refused to excuse defendant's default on the motions, the indictments were properly joined. The indictments charged offenses that are defined by the same statutory provisions (CPL 200.20), and were characterized by defendant's unique modus operandi. (People v. Allweiss, 48 N.Y.2d 40. ) Accordingly, the proof introduced to establish defendant's guilt of any one offense was admissible to establish his guilt of the others. (CPL 200.20 [b].)

We also do not find defendant's sentence, capped by operation of law (Penal Law § 70.30 [c] [i]), to be excessive.

Concur — Milonas, J.P., Rosenberger, Asch, Kassal and Rubin, JJ.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, First Department
Oct 4, 1990
166 A.D.2d 197 (N.Y. App. Div. 1990)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CURTIS DAVIS, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 4, 1990

Citations

166 A.D.2d 197 (N.Y. App. Div. 1990)
564 N.Y.S.2d 80

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