People v. Beckham
| Decision Date | 10 August 2016 |
| Citation | 2016 N.Y. Slip Op. 05759,142 A.D.3d 556,36 N.Y.S.3d 483 |
| Parties | The PEOPLE, etc., respondent, v. Richard BECKHAM, appellant. |
| Court | New York Supreme Court — Appellate Division |
142 A.D.3d 556
36 N.Y.S.3d 483
2016 N.Y. Slip Op. 05759
The PEOPLE, etc., respondent,
v.
Richard BECKHAM, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Aug. 10, 2016.
Lynn W.L. Fahey, New York, NY (Melissa S. Horlick of counsel), for appellant, and appellant pro se.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnette Traill, Roni C. Piplani of counsel), for respondent.
MARK C. DILLON, J.P., ROBERT J. MILLER, SYLVIA O. HINDS–RADIX, and VALERIE BRATHWAITE NELSON, JJ.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Griffin, J.), rendered December 15, 2011, convicting him of attempted predatory sexual assault, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court providently exercised its discretion in denying his discovery requests pursuant to CPL 240.40 for material that was not in the possession or control of the People (see People v. Colavito, 87 N.Y.2d 423, 428, 639 N.Y.S.2d 996, 663 N.E.2d 308 ; People v. Washington, 86 N.Y.2d 189, 191–192, 630 N.Y.S.2d 693, 654 N.E.2d 967 ; People v. Wright, 225 A.D.2d 430, 433, 639 N.Y.S.2d 361 ). The Supreme Court also properly granted the People's motion to compel the defendant to submit a buccal swab for DNA testing (see CPL 240.40[2][b][v] ; 240.90;
People v. Ruffell, 55 A.D.3d 1271, 1272, 864 N.Y.S.2d 347 ; People v. Lewis, 44 A.D.3d 422, 422–423, 843 N.Y.S.2d 72 ).
The defendant's right to confrontation (see U.S. Const Sixth Amend) was not violated by the testimony of a criminalist employed by the Office of the Chief Medical Examiner of the City of New York. The criminalist performed her own analysis of the DNA profiles, concluded that there was a DNA match, and issued the final report, which was challenged on...
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...largely preserved for appellate review his contention that the prosecutor engaged in misconduct during summation (see People v. Beckham, 142 A.D.3d 556, 36 N.Y.S.3d 483 ; People v. Marcus, 112 A.D.3d 652, 653, 975 N.Y.S.2d 771 ; People v. Rogers, 92 A.D.3d 903, 904, 939 N.Y.S.2d 496 ; Peopl......
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...which was challenged on cross-examination (see People v. John, 27 N.Y.3d 294, 315, 33 N.Y.S.3d 88, 52 N.E.3d 1114 ; People v. Beckham, 142 A.D.3d 556, 556, 36 N.Y.S.3d 483 ; People v. Fernandez, 115 A.D.3d 977, 978–979, 982 N.Y.S.2d 174 ).The defendant's contention that certain of the prose......
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...the defendant's Sixth Amendment right of confrontation (see People v. Henderson, 142 A.D.3d 1104, 37 N.Y.S.3d 620 ; People v. Beckham, 142 A.D.3d 556, 36 N.Y.S.3d 483 ).Finally, contrary to the defendant's contention, the prosecution established a sufficient chain of custody for the admissi......
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Beckham v. Miller, 18-CV-3571 (ERK)
...prison. Sentencing Tr., ECF 12-4, at 19. The judgment was affirmed by the Appellate Division, Second Department. See People v. Beckham , 142 A.D.3d 556, 36 N.Y.S.3d 483 (N.Y. App. Div. 2016).Beckham is currently incarcerated and seeks habeas relief on three grounds: First, his constitutiona......