People Of The State Of N.Y. v. Frederick
| Decision Date | 10 June 2010 |
| Citation | 931 N.E.2d 517,905 N.Y.S.2d 533,14 N.Y.3d 913 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Trevor FREDERICK, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
14 N.Y.3d 913
931 N.E.2d 517
905 N.Y.S.2d 533
The PEOPLE of the State of New York, Respondent,
v.
Trevor FREDERICK, Appellant.
Court of Appeals of New York.
June 10, 2010.
Center for Appellate Litigation, New York City (David J. Klem and Robert S. Dean of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York City (Sylvia Wertheimer and Mary C. Farrington of counsel), for respondent.
OPINION OF THE COURT
The order of the Appellate Division should be affirmed.
On November 7, 2003, defendant Trevor Frederick-enraged that his former girlfriend, a 19-year-old student, had gone on a date with the victim-pushed his way into the room in the dormitory-style Manhattan building where the student resided as she opened the door to walk the victim to the subway. Defendant stabbed the student in the neck so forcefully that he nearly severed her spine. As she lay on the floor, paralyzed and bleeding from the head and neck, the student heard defendant say, “Look, you made me kill my girl,” as he stepped “in the direction of the window and where [the victim] was standing.” The student then lost consciousness. The victim's body was later discovered in the courtyard below the fifth-floor window of the student's room. He died of blunt impact trauma to the head; his autopsy also revealed multiple knife wounds, including a stab wound to the neck.
Defendant was arrested and charged in an eight-count indictment with second-degree attempted murder, first-degree assault and second-degree aggravated harassment (for calling and leaving a threatening message) for his acts against the student; and with two counts of second-degree murder (depraved indifference and felony murder, with an unspecified burglary as the underlying felony) for his acts against the victim. The indictment also
charged defendant with three counts of first-degree burglary for causing injury to the student, using a dangerous instrument and causing injury to the victim.
At defendant's subsequent trial, Supreme Court dismissed the depraved indifference murder count before submitting the case to the jury. When one juror was unable to continue deliberating, the judge declared a mistrial. Defendant's second trial resulted in a partial verdict: the jury convicted defendant of all the crimes charged in the indictment except felony murder, as to which they deadlocked, prompting a mistrial on that count. Supreme Court sentenced defendant to concurrent terms of 20 years of imprisonment on the attempted murder, assault and two burglary charges relating to causing physical injury to the student and use of the knife; and imposed a consecutive term of 10 years of imprisonment on the burglary charge relating to causing physical injury to the victim. * Thus, the judge sentenced defendant to an aggregate prison term of 30 years. The Appellate Division subsequently modified this judgment by reducing the mandatory surcharge and crime
victim assistance fees, and otherwise affirmed ( 48 A.D.3d 382, 851 N.Y.S.2d 561 [1st Dept.2008] ).
In the meantime, the People returned to the grand jury and successfully sought a new indictment, which charged defendant with both felony murder and first-degree manslaughter for the victim's death. After defendant was arraigned on the new indictment, Supreme Court dismissed the original indictment, with its sole remaining felony murder count, as superseded by the felony murder count in the new indictment. The case was then...
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People v. Francis
...v. Frederick, 62 A.D.3d 612, 881 N.Y.S.2d 395, lv. granted 12 N.Y.3d 925, 884 N.Y.S.2d 706, 912 N.E.2d 1087 ; affd. 14 N.Y.3d 913, 905 N.Y.S.2d 533, 931 N.E.2d 517 ; People v. Contreras, 192 A.D.2d 417, 596 N.Y.S.2d 393 ), even in the absence of a formal motion for leave to reargue by the P......
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People v. McClinton
...Therefore, the People have failed to meet their burden of proving the validity of consecutive sentences (see People v. Frederick, 14 N.Y.3d 913, 905 N.Y.S.2d 533, 931 N.E.2d 517 ; People v. Alford, 14 N.Y.3d 846, 901 N.Y.S.2d 132, 927 N.E.2d 552 ; People v. Parks, 95 N.Y.2d 811, 712 N.Y.S.2......
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People v. Francis
...N.Y.S.2d 80; see People v. Frederick, 62 A.D.3d 612, 881 N.Y.S.2d 395, lv. granted12 N.Y.3d 925, 884 N.Y.S.2d 706, 912 N.E.2d 1087; affd.14 N.Y.3d 913, 905 N.Y.S.2d 533, 931 N.E.2d 517; People v. Contreras, 192 A.D.2d 417, 596 N.Y.S.2d 393), even in the absence of a formal motion for leave ......
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People v. Felipe
...663, 585 N.Y.S.2d 653 [1992], lv. denied 80 N.Y.2d 976, 591 N.Y.S.2d 145, 605 N.E.2d 881 [1992]; cf. People v. Frederick, 14 N.Y.3d 913, 917, 905 N.Y.S.2d 533, 931 N.E.2d 517 [2010] ). Defendant's remaining argument has been considered and found to be lacking in merit. ORDERED that the judg......