People v. Brady
| Decision Date | 17 June 2021 |
| Docket Number | KA 17-00192,386 |
| Citation | 145 N.Y.S.3d 900 (Mem),195 A.D.3d 1545 |
| Parties | The PEOPLE of the State of New York, Respondent, v. John F. BRADY, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
195 A.D.3d 1545
145 N.Y.S.3d 900 (Mem)
The PEOPLE of the State of New York, Respondent,
v.
John F. BRADY, Defendant-Appellant.
386
KA 17-00192
Supreme Court, Appellate Division, Fourth Department, New York.
Entered: June 17, 2021
TIMOTHY P. DONAHER, PUBLIC DEFENDER, ROCHESTER, EASTON THOMPSON KASPEREK SHIFFRIN LLP (BRIAN SHIFFRIN OF COUNSEL), FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CARNI, LINDLEY, TROUTMAN, AND BANNISTER, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by vacating the sentence and as modified the judgment is affirmed, and the matter is remitted to Monroe County Court for resentencing.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of two counts of robbery in the second degree ( Penal Law § 160.10 [1], [2] [a] ). Viewing the evidence in light of the elements of the crimes 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 [2007] ), 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 [1987] ). The victim testified that he was waiting in his vehicle when he was approached by defendant and defendant's codefendant, both of whom the victim knew from a prior interaction. After defendant and the codefendant fought with the victim, defendant grabbed a bag containing money from the back seat, and defendant and the codefendant then ran to the codefendant's vehicle, which was nearby. The victim testified that he chased after that vehicle on foot, sustaining injuries, and the victim's testimony about the incident was corroborated by two eyewitnesses. Forensic testimony at trial linked fingerprints found on the victim's vehicle to defendant, and linked DNA evidence recovered from
the codefendant's vehicle to the victim's DNA profile. Furthermore, the...
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...is modified by vacating the sentence imposed, and this matter is remitted to County Court for resentencing (see People v. Brady, 195 A.D.3d 1545, 1546, 145 N.Y.S.3d 900 [2021], lv denied 37 N.Y.3d 970, 150 N.Y.S.3d 689, 172 N.E.3d 801 [2021] ; People v. Disotell, 123 A.D.3d 1230, 1232, 999 ......
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... ... 915-916; People v Cleveland, 177 A.D.3d 1382, 1383 ... [2019]). Accordingly, the judgment of conviction is modified ... by vacating the sentence imposed, and this matter is remitted ... to County Court for resentencing (see People v ... Brady, 195 A.D.3d 1545, 1546 [2021], lv denied ... 37 N.Y.3d 970 [2021]; People v Disotell, 123 A.D.3d ... 1230, 1232 [2014], lv denied 25 N.Y.3d 1162 [2015]) ... Contrary to defendant's assertion, "the delay in ... resentencing defendant following [the] sentencing that failed ... ...
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