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People v. Matthews

Appellate Division of the Supreme Court of New York, First Department
Jan 27, 2004
3 A.D.3d 448 (N.Y. App. Div. 2004)

Opinion

2738.

Decided January 27, 2004.

Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered June 28, 2001, convicting defendant, after a jury trial, of two counts of robbery in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 5 years, unanimously affirmed.

Patrick J. Hynes, for Respondent.

Susan Epstein, for Defendant-Appellant.

Before: Tom, J.P., Andrias, Lerner, Friedman, Marlow, JJ.


The verdict was based on legally sufficient evidence, and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility ( see People v. Gaimari, 176 N.Y. 84, 94). The victim's credible testimony established that this incident was a robbery, and not merely an altercation as contended by defendant.

The People established a proper foundation under CPL 60.25(1)(a) for the admission of testimony from police officers recounting the victim's out-of-court identification of defendant ( see People v. Bayron, 66 N.Y.2d 77, 81). The victim's inability to make an in-court identification was clearly the result of the lapse of time between the incident and the trial, and defendant's drastic change in his appearance ( see People v. Mendoza, 293 A.D.2d 326, lv denied 98 N.Y.2d 678).

The court's response to a note from the deliberating jury was meaningful and appropriately conveyed the applicable legal principles ( see People v. Almodovar, 62 N.Y.2d 126, 131; People v. Malloy, 55 N.Y.2d 296, 301-302, cert denied 459 U.S. 847). The jury's note requested specific information and did not call for a complete re-instruction on the subject of accessorial liability.

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


Summaries of

People v. Matthews

Appellate Division of the Supreme Court of New York, First Department
Jan 27, 2004
3 A.D.3d 448 (N.Y. App. Div. 2004)
Case details for

People v. Matthews

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. DAKWON MATTHEWS, ETC.…

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

Date published: Jan 27, 2004

Citations

3 A.D.3d 448 (N.Y. App. Div. 2004)
770 N.Y.S.2d 625