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People v. Herriot

Appellate Division of the Supreme Court of New York, Second Department
May 28, 2002
294 A.D.2d 599 (N.Y. App. Div. 2002)

Opinion

00-01261

Argued May 3, 2002

May 28, 2002.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered January 4, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Andrew C. Fine, New York, N.Y. (Julie Sender of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Monique Ferrell of counsel), for respondent.

MYRIAM J. ALTMAN, J.P., SONDRA MILLER, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant failed to preserve for appellant review his contention that the pre-indictment delay deprived him of due process (see People v. Cedeno, 52 N.Y.2d 847, 848; People v. Champelle, 144 A.D.2d 378), and we decline to reach the issue in the exercise of our interest of justice jurisdiction (see CPL 470.15).

Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 621), we find that it was legally sufficient to establish that the defendant acted with depraved indifference (see People v. Roe, 74 N.Y.2d 20, 24; People v. Smith, 255 A.D.2d 404, 405; People v. Dellemand, 205 A.D.2d 551, 552). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see 470.15[5]).

ALTMAN, J.P., S. MILLER, McGINITY and SCHMIDT, JJ., concur.


Summaries of

People v. Herriot

Appellate Division of the Supreme Court of New York, Second Department
May 28, 2002
294 A.D.2d 599 (N.Y. App. Div. 2002)
Case details for

People v. Herriot

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. LOQUAN HERRIOT, APPELLANT

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

Date published: May 28, 2002

Citations

294 A.D.2d 599 (N.Y. App. Div. 2002)
742 N.Y.S.2d 887

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