Cases

People v Ahsan (2019 NY Slip Op 01085) People v Ahsan 2019 NY Slip Op 01085 Decided on February 13, 2019 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law §

People v Herrera-Machuca (2020 NY Slip Op 02060) People v Herrera-Machuca 2020 NY Slip Op 02060 Decided on March 25, 2020 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant t

—Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered September 12, 2006, convicting him of murder in the second degree and criminal possession of a weapon in the second 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 his statements to law enforcement officials.

—Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered September 12, 2006, convicting him of murder in the second degree and criminal possession of a weapon in the second 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 his statements to law enforcement officials.

The defendant’s contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt is unpreserved for appellate review (see CPL 470.05 [2]; People v Hawkins, 11 NY3d 484 [2008]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonabl

Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered May 16,, 2008, convicting him of criminal possession of a weapon in the second 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. Ordered that the judgment is affirmed.

Appeal from a judgment of the Erie County Court (Timothy J. Drury, J.), rendered February 13, 2004. The judgment convicted defendant, upon a jury verdict, of assault in the second degree, aggravated criminal contempt, assault in the third degree (two counts) and criminal contempt in the second degree. It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed. Memorandum: De

Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered July 12, 2005. The judgment convicted defendant, upon a jury verdict, of attempted murder in the second degree, assault in the first degree, criminal possession of a weapon in the second degree and assault in the second degree and, upon his plea of guilty, of criminal possession of a weapon in the third degree (two counts) and escape in the second degree.

—Judgment unanimously affirmed. Memorandum: We conclude that defendant’s conviction of burglary in the second degree (Penal Law § 140.25 [2]) is supported by legally sufficient evidence and is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). The record establishes that defendant received meaningful representation (see, People v Baldi, 54 NY2d 137, 146-147). We further conclude that

OPINION OF THE COURT Mastro, J.P. The defendant stands convicted of murder in the second degree for the shooting death of Jamel Wisdom, and assault in the second degree for the shooting of Gamard Talleyrand, who survived his injuries. At trial the defendant relied on a mis*4identification defense, maintaining throughout the proceedings that he was not t

White, J. Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered May 17, 1995, upon a verdict convicting defendant of the crimes of official misconduct (three counts), aggravated harassment in the second degree (four counts), harassment in the second degree (two counts) and harassment in the first degree. Defendant, an Albany Police officer, had an intimate relationship with Kimberly Lepore which resulted in th

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Goldstein, J.), rendered February 21, 1989, convicting him of murder in the second 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 a statement he made to the police. Ordered that the judgment is reversed, on the law and the facts,