People v. Boone
| Decision Date | 24 June 2015 |
| Docket Number | 2012-07711 |
| Citation | 129 A.D.3d 1099,11 N.Y.S.3d 687,2015 N.Y. Slip Op. 05492 |
| Parties | The PEOPLE, etc., respondent, v. Otis BOONE, appellant. |
| Court | New York Supreme Court — Appellate Division |
129 A.D.3d 1099
11 N.Y.S.3d 687
2015 N.Y. Slip Op. 05492
The PEOPLE, etc., respondent
v.
Otis BOONE, appellant.
2012-07711
Supreme Court, Appellate Division, Second Department, New York.
June 24, 2015.
Lynn W.L. Fahey, New York, N.Y. (Leila Hull of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Amy Appelbaum, and Daniel Berman of counsel), for respondent.
JOHN M. LEVENTHAL, J.P., JEFFREY A. COHEN, SYLVIA O. HINDS–RADIX, and COLLEEN D. DUFFY, JJ.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Del Giudice, J.), rendered July 25, 2012, convicting him of robbery in the first degree (two counts), upon a jury verdict, and sentencing him to consecutive determinate terms of imprisonment of 10 years and 15 years, respectively, followed by periods of postrelease supervision.
ORDERED that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the determinate terms of imprisonment imposed on the convictions of robbery in the first degree from 10 years and 15 years to 5 years and 10 years, respectively; as so modified, the judgment is affirmed.
The Supreme Court properly declined to charge the jury on the unreliability of cross-racial identification, as the defendant never placed the issue in evidence during the trial (see People v. Best, 120 A.D.3d 707, 708, 991 N.Y.S.2d 441 ; cf. People v. Alexander, 94 N.Y.2d 382, 385, 705 N.Y.S.2d 551, 727 N.E.2d 109 ), and the court's charge correctly conveyed the
applicable legal principles on witness credibility and identification testimony (see People v. Washington, 56 A.D.3d 258, 259, 867 N.Y.S.2d 63 ; People v. Applewhite, 298 A.D.2d 136, 137, 748 N.Y.S.2d 4 ).
The defendant failed to preserve for appellate review his...
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People v. Boone
...as modified, holding that Supreme Court had not erred in declining to instruct the jury on cross-racial identification ( 129 A.D.3d 1099, 11 N.Y.S.3d 687 [2d Dept.2015] ). The Appellate Division reasoned that defendant had not "placed the issue in evidence during the trial" ( id. at 1099–11......
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People v. Boone
...as modified, holding that Supreme Court had not erred in declining to instruct the jury on cross-racial identification ( 129 A.D.3d 1099, 11 N.Y.S.3d 687 [2d Dept.2015] ). The Appellate Division reasoned that defendant had not "placed the issue in evidence during the trial" ( id. at 1099–11......
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People v. Dingle
...identity as the perpetrator of the other crime (see People v. Huggins, 134 A.D.3d 854, 855–856, 22 N.Y.S.3d 104 ; People v. Boone, 129 A.D.3d 1099, 1100, 11 N.Y.S.3d 687 ; People v. McRae, 276 A.D.2d 332, 332–333, 714 N.Y.S.2d 56 ), defense counsel was not ineffective for failing to object ......
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People v. Gordon
...were excessive to the extent indicated herein (see generally People v. Rivera, 130 A.D.3d 655, 13 N.Y.S.3d 450 ; People v. Boone, 129 A.D.3d 1099, 11 N.Y.S.3d 687 ; People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ...