People v. Arce
Decision Date | 30 September 1997 |
Citation | 662 N.Y.S.2d 495,242 A.D.2d 508 |
Parties | , 1997 N.Y. Slip Op. 7740 The PEOPLE of the State of New York, Respondent, v. Julio ARCE, Defendant-Appellant. |
Court | New York Supreme Court — Appellate Division |
Lisa Ellen Mudd, for Respondent.
Susan Epstein, for Defendant-Appellant.
Before MILONAS, J.P., and NARDELLI, RUBIN, MAZZARELLI and ANDRIAS, JJ.
Judgment, Supreme Court, Bronx County (John Moore, J.), rendered December 7, 1994, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.
Defendant's guilt of second-degree murder under a theory of depraved indifference (PL 125.25[2] ) was amply supported by the evidence, notwithstanding that the evidence would have also supported a finding of intentional murder (People v. Cole, 233 A.D.2d 247, 650 N.Y.S.2d 127, 128, lv. denied 89 N.Y.2d 984, 656 N.Y.S.2d 743, 678 N.E.2d 1359).
Defendant was not entitled to be present at a hearing conducted in the course of his cross-examination to determine the purely legal question of whether he had opened the door to the admission of evidence previously precluded at a Sandoval hearing to which he was a party (People v. Dickerson, 87 N.Y.2d 914, 640 N.Y.S.2d 865, 663 N.E.2d 906; People v. Rodriguez, 85 N.Y.2d 586, 590-91, 627 N.Y.S.2d 292, 650 N.E.2d 1293). The court correctly determined that defendant had opened the door to this previously precluded evidence.
We perceive no abuse of sentencing discretion.
To continue reading
Request your trial-
Murray v. Greiner
...of New York under § 2254 seeking to overturn the conviction. See Arce v. Fischer, No. 01-cv-8230 (S.D.N.Y.2002); People v. Arce, 242 A.D.2d 508, 662 N.Y.S.2d 495 (1997), leave to appeal denied, 91 N.Y.2d 868, 668 N.Y.S.2d 566, 691 N.E.2d 638 (1997). The district court (Michael B. Mukasey, C......
-
People v. Cruz
...it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see, People v Peterson, 262 A.D.2d 502; People v Arce, 242 A.D.2d 508; People v Cole, 233 A.D.2d 247; People v Tankleff, 199 A.D.2d 550, affd 84 N.Y.2d 992; People v Marsh, 140 A.D.2d 631). Moreover, upo......
-
People v. Gutierrez
...was legally sufficient "notwithstanding that the evidence would have also supported a finding of intentional murder" (People v. Arce, --- A.D.2d ----, 662 N.Y.S.2d 495). There was ample evidence supporting defendant's accessorial liability for depraved indifference murder, as charged by the......
-
People v. Delvalle
...supported by the evidence, notwithstanding that the evidence would have also supported a finding of intentional murder (People v. Arce, 242 A.D.2d 508, 662 N.Y.S.2d 495). The verdict was not against the weight of the evidence. We see no reason to disturb the jury's credibility The court pro......