People v. Claudio
Citation | 130 A.D.2d 759,515 N.Y.S.2d 845 |
Parties | The PEOPLE, etc., Respondent, v. Angel CLAUDIO, Appellant. |
Decision Date | 26 May 1987 |
Court | New 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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Claudio v. Scully
...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......
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People v. Ayala
...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......
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Claudio v. Scully
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