People v. Bryant
| Decision Date | 30 December 1996 |
| Citation | 652 N.Y.S.2d 300,234 A.D.2d 605 |
| Parties | The PEOPLE, etc., Respondent, v. Maurice BRYANT, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Daniel L. Greenberg, New York City, (Mark W. Zeno, of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, (Roseann B. MacKechnie and Monique Ferrell, of counsel), for respondent.
Before ROSENBLATT, J.P., and O'BRIEN, THOMPSON and LUCIANO, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant (1) from a judgment of the Supreme Court, Kings County (Greenberg, J.), rendered May 9, 1991, convicting him of attempted murder in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence; and (2) by permission, from an order of the same court dated June 23, 1993, which denied his motion pursuant to CPL 440.10 to vacate the judgment.
ORDERED that the judgment is affirmed; and it is further,
ORDERED that the appeal from the order dated June 23, 1993, which denied the appellant's motion pursuant to CPL 440.10 to vacate the judgment is held in abeyance pending the receipt of the appellant's pro se brief, in accordance with this court's decision and order on motion dated December 19, 1996.
We reject the defendant's claim that the judgment of conviction should be reversed and the indictment dismissed because the People failed to obtain a superseding indictment upon learning that one of the Grand Jury witnesses recanted his testimony. While it is proper to review the validity of an indictment based upon allegedly false testimony upon a plea of guilty, where, as here, the judgment of conviction follows a trial, "the sufficiency of the evidence to convict * * * is manifest from the record" (People v. Pelchat, 62 N.Y.2d 97, 109, 476 N.Y.S.2d 79, 464 N.E.2d 447). Accordingly, the defendant is precluded from raising this issue on appeal (see, CPL 210.30; People v. Bey, 179 A.D.2d 905, 907, 579 N.Y.S.2d 187; People v. Lewis, 125 A.D.2d 918, 919, 510 N.Y.S.2d 281). We note that even if the testimony of the recanting witness before the Grand Jury was false, the Grand Jury testimony of the police officer/victim was sufficient to establish reasonable cause to believe that the defendant was the shooter, and the defendant's claim that the integrity of the Grand Jury proceedings was impaired is without merit (see, People v. Avilla, 212 A.D.2d 800, 623 N.Y.S.2d 280; cf., People v. Pelchat, 62 N.Y.2d 97, 476 N.Y.S.2d 79, 464...
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...Johnson, 54 A.D.3d 636, 636, 863 N.Y.S.2d 680 ; People v. Davis, 256 A.D.2d 200, 201, 683 N.Y.S.2d 502 ; see also People v. Bryant, 234 A.D.2d 605, 605–606, 652 N.Y.S.2d 300 ). Moreover, there was no suggestion that the prosecutor knew that the homeowner's testimony was false at the time it......
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...sufficient trial evidence (see, CPL 210.30[6]; People v. Pelchat, 62 N.Y.2d 97, 476 N.Y.S.2d 79, 464 N.E.2d 447; People v. Bryant, 234 A.D.2d 605, 652 N.Y.S.2d 300). The County Court correctly ruled that the cocaine found in the defendant's vehicle was admissible into evidence at trial. The......
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People v. Bryant
...raised by him on the direct appeal from the judgment, and this court expressly found it to be without merit (see, People v. Bryant, 234 A.D.2d 605, 652 N.Y.S.2d 300). ROSENBLATT, J.P., and O'BRIEN, THOMPSON and LUCIANO, JJ., ...
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People v. Bryant, 1991–05122
...the ground of ineffective assistance of appellate counsel, a decision and order of this Court dated December 30, 1996 ( People v. Bryant, 234 A.D.2d 605, 652 N.Y.S.2d 300 ), affirming a judgment of the Supreme Court, Kings County, rendered May 9, 1991.ORDERED that the application is denied.......