People v. Barksdale
| Decision Date | 12 June 2015 |
| Docket Number | 640 KA 13-01924 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Jovan BARKSDALE, Defendant–Appellant. |
| Court | New York Supreme Court — Appellate Division |
129 A.D.3d 1497
11 N.Y.S.3d 395
2015 N.Y. Slip Op. 04989
The PEOPLE of the State of New York, Respondent
v.
Jovan BARKSDALE, Defendant–Appellant.
640 KA 13-01924
Supreme Court, Appellate Division, Fourth Department, New York.
June 12, 2015.
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Robert L. Kemp of Counsel), for Defendant–Appellant.
Jovan Barksdale, Defendant–Appellant pro se.
Frank A. Sedita, III, District Attorney, Buffalo (Nicholas T. Texido of Counsel), for Respondent.
PRESENT: SCUDDER, P.J., SMITH, CARNI, LINDLEY, AND DEJOSEPH, JJ.
Opinion
MEMORANDUM:
On appeal from a judgment convicting him following a jury trial of criminal possession of a weapon in the second degree (Penal Law § 265.03[3] ), defendant contends in his main and pro se supplemental briefs that County Court erred in determining that he lacked standing to seek suppression of the weapon seized by the police without conducting a hearing on the issue of standing. We reject that contention. It is undisputed that the weapon was not found on defendant's person or on property in which defendant had a legitimate expectation of privacy (see People v. Wesley, 73 N.Y.2d 351, 357–358, 540 N.Y.S.2d 757, 538 N.E.2d 76 ), nor did defendant allege that police conduct caused him to relinquish control of the weapon (see People v. Mendoza, 82 N.Y.2d 415, 432, 604 N.Y.S.2d 922, 624 N.E.2d 1017 ).
Contrary to defendant's further contention, the court properly denied his Batson challenge based on its determination that the prosecutor's explanation for the peremptory challenge at issue was not pretextual (see People v. Ramos, 124 A.D.3d 1286, 1287, 999 N.Y.S.2d 295 ).
Defendant failed to preserve for our review his contention regarding the alleged legal insufficiency of the evidence
inasmuch as he made only a general motion for a trial order of dismissal (see People v. Gray, 86 N.Y.2d 10, 19, 629 N.Y.S.2d 173, 652 N.E.2d 919 ; People v. Arroyo, 111 A.D.3d 1299, 1299, 974 N.Y.S.2d 217, lv. denied 23 N.Y.3d 960, 988 N.Y.S.2d 567, 11 N.E.3d 717 ). Viewing the evidence in light of the elements of the crime as charged to the jury (see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 ), we conclude that the verdict is not against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 ).
We further reject defendant's contention that the court erred
in admitting the testimony of a police officer regarding the meaning and/or interpretation of certain “street...
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