People v. Young

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRY YOUNG, Appellant

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

Date published: Sep 17, 1998

253 A.D.2d 676 (N.Y. App. Div. 1998)

677 N.Y.S.2d 469

Opinion

September 17, 1998

Appeal from the Supreme Court, New York County (Patricia Williams, J.).

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The jury's verdict of acquittal on the count about which the accomplice testified renders defendant's accomplice corroboration argument moot ( see, People v. Brown, 83 N.Y.2d 791, 794). In any event, the accomplice testimony was amply corroborated both by another prosecution witness and by documentary evidence.

Defendant's claim that his sentence was based on inappropriate criteria has been rendered moot by defendant's completion of his sentence. In any event, his claim is both unpreserved and without merit.

Concur — Tom, J. P., Mazzarelli, Andrias and Saxe, JJ.