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People v. Nieves

Appellate Division of the Supreme Court of New York, First Department
May 22, 2001
283 A.D.2d 300 (N.Y. App. Div. 2001)

Opinion

May 22, 2001.

Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered November 19, 1998, convicting defendant, after a jury trial, of reckless endangerment in the first degree, and sentencing him to a term of 2 to 7 years, unanimously affirmed.

Patricia Curran, for Respondent.

Carol A. Zeldin, for Defendant-Appellant.

Before: Williams, J.P., Ellerin, Lerner, Saxe, Buckley, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The accomplice testimony was properly corroborated (see, CPL 60.22; People v. Breland, 83 N.Y.2d 286, 292-295).

Pursuant to a preconceived plan by gang members to harass and intimidate the police, defendant threw a 34-pound garbage can from the roof of a 13-story building, barely missing a police officer. Under these facts, there was no reasonable view of the evidence to warrant submission to the jury of the lesser included offense of second-degree reckless endangerment (see, People v. Parks, A.D.2d [Mar 13, 2001], 2001 N Y App. Div. LEXIS 2437).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Nieves

Appellate Division of the Supreme Court of New York, First Department
May 22, 2001
283 A.D.2d 300 (N.Y. App. Div. 2001)
Case details for

People v. Nieves

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JOSE NIEVES…

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

Date published: May 22, 2001

Citations

283 A.D.2d 300 (N.Y. App. Div. 2001)
726 N.Y.S.2d 71