People v. Cotsifas
| Decision Date | 28 November 2012 |
| Citation | 954 N.Y.S.2d 219,100 A.D.3d 1015,2012 N.Y. Slip Op. 08148 |
| Parties | The PEOPLE, etc., respondent, v. Leonidas COTSIFAS, appellant. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Leon H. Tracy, Jericho, N.Y., for appellant.
Kathleen M. Rice, District Attorney, Mineola, N.Y. (Lisa T. Fleischer and Kevin C. King of counsel), for respondent.
ANITA R. FLORIO, J.P., JOHN M. LEVENTHAL, LEONARD B. AUSTIN and SHERI S. ROMAN, JJ.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Sullivan, J.), rendered January 25, 2011, convicting him of assault in the first degree, burglary in the first degree (two counts), burglary in the second degree (three counts), grand larceny in the third degree, criminal possession of stolen property in the third degree, attempted grand larceny in the third degree, unlawful imprisonment in the first degree, petit larceny (two counts), possession of burglar's tools, attempted grand larceny in the fourth degree, unauthorized use of a vehicle in the third degree, endangering the welfare of a child, criminal possession of a weapon in the fourth degree, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of those branches of the defendant's omnibus motion which were to suppress physical evidence, identification testimony, and certain of his statements to law enforcement officials.
ORDERED that the judgment is affirmed.
The record supports the hearing court's determinations that the People established that the police had reasonable suspicion to detain the defendant and that the reasonable suspicion ripened into probable cause to place him under arrest ( see People v. Mobley, 58 A.D.3d 756, 756–757, 872 N.Y.S.2d 158). Accordingly, the hearing court properly denied those branches of the defendant's omnibus motion which were to suppress physical evidence, identification testimony, and certain of his statements to law enforcement officials.
The Supreme Court properly denied the defendant's request for a charge on the justification defense with respect to the charge of assault in the first degree, since no reasonable view of the evidence supported such a charge ( see People v. Watts, 57 N.Y.2d 299, 301, 456 N.Y.S.2d 677, 442 N.E.2d 1188). Viewed in the light most favorable to the defendant, the evidence was not sufficient to support a finding that the victim, rather...
To continue reading
Request your trial
-
People v. Clark
...justification is in issue, the trier of fact must first determine whether the defendant was the initial aggressor”]; People v. Cotsifas, 100 A.D.3d 1015, 954 N.Y.S.2d 219 [evidence that the accused was the initial aggressor, or failed to satisfy the duty to retreat, negates justification de......
-
People v. Saylor
...101 N.E.3d 391 [2018] ). Accordingly, County Court properly declined to give the requested justification charge (see People v. Cotsifas, 100 A.D.3d 1015, 1015–1016, 954 N.Y.S.2d 219 [2012], lv denied 21 N.Y.3d 1014, 971 N.Y.S.2d 496, 994 N.E.2d 392 [2013] ; People v. Rodriguez, 306 A.D.2d 6......
-
People v. Wallace
...639, 687 N.Y.S.2d 652 ), and that the reasonable suspicion ripened into probable cause to place him under arrest (see People v. Cotsifas, 100 A.D.3d 1015, 954 N.Y.S.2d 219 ; People v. Shaw, 83 A.D.3d 1101, 922 N.Y.S.2d 171 ; People v. Madrid, 52 A.D.3d 530, 531, 859 N.Y.S.2d 717 ; People v.......
-
People v. Negron
...818, 537 N.Y.S.2d 113, 534 N.E.2d 30 ; People v. Watts, 57 N.Y.2d 299, 301, 456 N.Y.S.2d 677, 442 N.E.2d 1188 ; People v. Cotsifas, 100 A.D.3d 1015, 1015, 954 N.Y.S.2d 219 ; People v. Harper, 79 A.D.3d 944, 912 N.Y.S.2d 884 ). Here, viewing the evidence in the light most favorable to the de......