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People v. Hogue

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 31, 1992
179 A.D.2d 1042 (N.Y. App. Div. 1992)

Opinion

January 31, 1992

Appeal from the Supreme Court, Erie County, Marshall, J.

Present — Callahan, J.P., Doerr, Green, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Defendant argues that his convictions under counts four, five and six of the indictment must be reversed because the jury heard testimony of two separate unindicted incidents conforming to those counts of the indictment. That argument, like all others raised on appeal and by defendant in his pro se brief, is without merit. The conduct of defendant and his accomplice in attempting to cash a forged check at another branch of the bank earlier that day was not a separate crime, but rather, was part of a single scheme to obtain money illegally from Marine Midland Bank (see, People v Matarese, 57 A.D.2d 765).

Viewing the evidence in the light most favorable to the People (People v. Contes, 60 N.Y.2d 620, 621), we conclude that defendant's conviction is supported by legally sufficient evidence. In addition, Supreme Court properly denied defendant's motion to sever (see, CPL 200.20 [b]). The fact that defendant was acquitted on 36 of the 42 counts in the indictment demonstrates that the jury was able to consider the evidence separately and that no prejudice resulted from denial of the severance application (see, People v. Lowe, 91 A.D.2d 1100, 1101).

The sentence should not be disturbed. It is neither harsh nor excessive and the court acted within its discretionary power to order restitution (see, People v. Hall-Wilson, 69 N.Y.2d 154, 158).


Summaries of

People v. Hogue

Appellate Division of the Supreme Court of New York, Fourth Department
Jan 31, 1992
179 A.D.2d 1042 (N.Y. App. Div. 1992)
Case details for

People v. Hogue

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAY HOGUE, Also Known…

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

Date published: Jan 31, 1992

Citations

179 A.D.2d 1042 (N.Y. App. Div. 1992)