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People v. Cameron

Appellate Division of the Supreme Court of New York, First Department
Apr 18, 2000
271 A.D.2d 319 (N.Y. App. Div. 2000)

Opinion

April 18, 2000.

Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered April 20, 1998, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him to a term of 4 1/2 to 9 years, unanimously affirmed.

Edward L. Schnitzer, for respondent.

Mark Henry Pollard, for defendant-appellant.

WILLIAMS, J.P., ELLERIN, LERNER, ANDRIAS, FRIEDMAN, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Credibility and identification issues were properly presented to the jury and there is no reason to disturb its determinations. Defendant was properly convicted of robbery on a theory of forcible retention of the proceeds of a larceny, during the course of which defendant assaulted a police officer.

Defendant's untimely request for a missing witness charge was properly denied. Defendant failed to make a prima facie showing that the officer in question was in a position to hear the conversations or observe the events in dispute, and the evidence is to the contrary (see, People v. Kitching, 78 N.Y.2d 532).

Defendant's suppression claim is unreviewable for lack of a proper record (People v. Olivo, 52 N.Y.2d 309, 320). In any event, the suppression argument advanced by defendant on appeal is facially meritless.

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

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


Summaries of

People v. Cameron

Appellate Division of the Supreme Court of New York, First Department
Apr 18, 2000
271 A.D.2d 319 (N.Y. App. Div. 2000)
Case details for

People v. Cameron

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GILBERT ORLANDO…

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

Date published: Apr 18, 2000

Citations

271 A.D.2d 319 (N.Y. App. Div. 2000)
705 N.Y.S.2d 893

Citing Cases

Cameron v. People of the State of New York

On April 18, 2000, the Appellate Division, First Department affirmed Cameron's conviction. People v. Cameron,…