From Casetext: Smarter Legal Research

People v. McCoy

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 2000
271 A.D.2d 620 (N.Y. App. Div. 2000)

Opinion

Submitted March 7, 2000.

April 17, 2000.

Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered May 21, 1996, convicting him of murder in the second degree (four counts), robbery in the first degree, burglary in the first degree, attempted sexual abuse in the first degree (two counts), and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.

John W. Goldsmith, Middletown, N.Y., for appellant.

Michael E. Bongiorno, District Attorney, New City, N.Y. (Ann C. Sullivan of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The hearing court properly determined that the warrantless arrest of the defendant in a hotel room was based on probable cause and was justified by exigent circumstances (see, People v. Burr, 70 N.Y.2d 354, cert denied 485 U.S. 989; People v. Conforti, 263 A.D.2d 513). The items found in the defendant's jacket during a search at the police station following his arrest were admissible (see,People v. Perel, 34 N.Y.2d 462 ; People v. Tejada, 253 A.D.2d 832, affd 93 N.Y.2d 963 ).

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620 ), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. 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, CPL 470.15[5]).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.


Summaries of

People v. McCoy

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 2000
271 A.D.2d 620 (N.Y. App. Div. 2000)
Case details for

People v. McCoy

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. JAMES McCOY, APPELLANT. (Ind. No…

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

Date published: Apr 17, 2000

Citations

271 A.D.2d 620 (N.Y. App. Div. 2000)
707 N.Y.S.2d 337

Citing Cases

People v. Urbina

After a nonjury trial, the defendant was convicted of attempted sexual abuse in the first degree, and…

People v. Urbina

After a nonjury trial, the defendant was convicted of attempted sexual abuse in the first degree, and…