People v. Claudio

Citation130 A.D.2d 759,515 N.Y.S.2d 845
PartiesThe PEOPLE, etc., Respondent, v. Angel CLAUDIO, Appellant.
Decision Date26 May 1987
CourtNew York Supreme Court Appellate Division

Joseph J. Ortego, Wantagh, for appellant.

Angel Claudio, pro se.

John J. Santucci, Dist. Atty., Kew Gardens (William Schrager, of counsel), for respondent.

Before MANGANO, J.P., and BRACKEN, LAWRENCE and KOOPER, JJ.

MEMORANDUM BY THE COURT.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Agresta, J.), rendered November 19, 1984, convicting him of murder in the second degree, attempted robbery in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and sentencing him to consecutive indeterminate terms of imprisonment of 25 years to life on the murder count, 5 to 15 years on the attempted robbery count, and 5 to 15 years on the weapon possession count.

ORDERED that the judgment is modified, on the law, by providing that the terms of imprisonment imposed on the three convictions shall run concurrently with one another; as so modified, the judgment is affirmed.

Several claims of trial error are raised on this appeal, but the only issue that warrants discussion concerns the introduction into evidence of the testimony taken at a pretrial hearing of a witness who died prior to the trial. We note that, at the trial, the defendant did not object to the use of that testimony on the ground that it was not admissible under CPL 670.10(1); therefore, any challenge based upon the statute must be deemed to have been waived (see, People v. Prince, 106 A.D.2d 521, 483 N.Y.S.2d 57, affd. 66 N.Y.2d 935, 498 N.Y.S.2d 797, 489 N.E.2d 766). Judged under common-law standards, we find that there was no denial of the defendant's right of confrontation, as a review of the record reveals that the defendant was afforded ample opportunity to cross-examine the witness with respect to the subject matter for which the testimony was used at the trial (see, People v. Arroyo, 54 N.Y.2d 567, 574-575, 446 N.Y.S.2d 910, 431 N.E.2d 271, cert. denied 456 U.S. 979, 102 S.Ct. 2248, 72 L.Ed.2d 855; People v. Simmons, 36 N.Y.2d 126, 130, 365 N.Y.S.2d 812, 325 N.E.2d 139; People v. Prince, supra ).

The defendant's remaining claims of trial error, including those raised in his pro se brief, have been considered and found to be without merit. Some of the issues tendered by the defendant in his pro se brief were previously determined in the appeal...

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13 cases
  • Claudio v. Scully
    • United States
    • U.S. Court of Appeals — Second Circuit
    • 28 Diciembre 1992
    ...The conviction was affirmed by the Appellate Division, but the sentence was modified to 25 years to life. People v. Claudio, 130 A.D.2d 759, 515 N.Y.S.2d 845 (2d Dept.1987). Leave to appeal to the Court of Appeals was denied. People v. Claudio, 70 N.Y.2d 873, 523 N.Y.S.2d 501, 518 N.E.2d 12......
  • People v. Quartararo
    • United States
    • New York Supreme Court — Appellate Division
    • 31 Mayo 1994
    ...57 N.Y.2d 729, 454 N.Y.S.2d 976, 440 N.E.2d 1323; see also, People v. Williams, 188 A.D.2d 573, 591 N.Y.S.2d 467; People v. Claudio, 130 A.D.2d 759, 515 N.Y.S.2d 845). In the context of the present case, the question of the extent to which the doctrine of the law of the case is an "absolute......
  • People v. Ayala
    • United States
    • New York Supreme Court — Appellate Division
    • 21 Noviembre 1988
    ...testimony is admissible pursuant to CPL 670.10(1)(a) was preserved for appellate review as a matter of law (cf., People v. Claudio, 130 A.D.2d 759, 515 N.Y.S.2d 845, lv denied 70 N.Y.2d 873, 523 N.Y.S.2d 501, 518 N.E.2d We also reject the defendant's contentions that the People failed to ex......
  • Claudio v. Scully
    • United States
    • U.S. District Court — Eastern District of New York
    • 30 Abril 1992
    ...rather than concurrent sentences. Accordingly, it modified petitioner's sentence to 25 years to life. People v. Claudio, 130 A.D.2d 759, 515 N.Y.S.2d 845 (2d Dep't 1987). Judge Hancock denied Claudio's application for leave to appeal to the Court of Appeals. People v. Claudio, 70 N.Y.2d 873......
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