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People v. Oquendo

Supreme Court, Appellate Division, Fourth Department, New York.
Nov 19, 2021
199 A.D.3d 1481 (N.Y. App. Div. 2021)

Opinion

960 KA 17-00955

11-19-2021

The PEOPLE of the State of New York, Respondent, v. Esteban OQUENDO, Defendant-Appellant.

TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER, JEFFREY WICKS, PLLC (JEFFREY WICKS OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.


TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER, JEFFREY WICKS, PLLC (JEFFREY WICKS OF COUNSEL), FOR DEFENDANT-APPELLANT.

SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.

PRESENT: WHALEN, P.J., SMITH, LINDLEY, CURRAN, AND DEJOSEPH, JJ.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of criminal possession of a controlled substance in the third degree ( Penal Law § 220.16 [1] ). Contrary to defendant's contention, we conclude that Supreme Court did not abuse its discretion in permitting the People to introduce evidence that his codefendant was in possession of a loaded gun inasmuch as the probative value of the evidence was not " ‘substantially outweighed by the potential for prejudice’ " ( People v. Harris , 26 N.Y.3d 1, 5, 18 N.Y.S.3d 583, 40 N.E.3d 560 [2015], quoting People v. Mateo , 2 N.Y.3d 383, 425, 779 N.Y.S.2d 399, 811 N.E.2d 1053 [2004], cert denied 542 U.S. 946, 124 S.Ct. 2929, 159 L.Ed.2d 828 [2004] ).

Viewing the evidence in light of the elements of the crime as charged to the jury (see People v. Danielson , 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ), we reject defendant's contention that the verdict is against the weight of the evidence (see People v. Bleakley , 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ).

The sentence is not unduly harsh or severe. Finally, we have reviewed defendant's remaining contention and conclude that it is without merit.


Summaries of

People v. Oquendo

Supreme Court, Appellate Division, Fourth Department, New York.
Nov 19, 2021
199 A.D.3d 1481 (N.Y. App. Div. 2021)
Case details for

People v. Oquendo

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Esteban OQUENDO…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Nov 19, 2021

Citations

199 A.D.3d 1481 (N.Y. App. Div. 2021)
199 A.D.3d 1481

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