People v. Cruz
| Decision Date | 28 June 2001 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL CRUZ, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GAMILIET ROSARIO, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Woods Oviatt Gilman, L. L. P., Rochester (Michael J. Nolan of counsel), for appellant in the first above-entitled action. Howard R. Relin, District Attorney of Monroe County, Rochester (Alan Cruikshank of counsel), for respondent in the first above-entitled action.
Barbara S. Greathead, Rochester, for appellant in the second above-entitled action.
Howard R. Relin, District Attorney of Monroe County, Rochester (Patrick H. Fierro of counsel), for respondent in the second above-entitled action.
Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.
The order of the Appellate Division in each case should be affirmed.
Defendants appeal their convictions of first degree criminal trespass, third degree criminal possession of a weapon, and two counts of seventh degree criminal possession of a controlled substance. Their arguments that the trial court should have given a "moral certainty" charge, that the indictment was multiplicitous (see, People v Sykes, 22 NY2d 159
), and Cruz's challenge to the legal sufficiency of the evidence regarding the length of the shotgun barrel are unpreserved for our review. Defendants' remaining arguments are without merit.
In each case: Order affirmed in a memorandum.
To continue reading
Request your trial
-
People v. Edmondson
...under count 2 of the indictment ( Penal Law § 160.15[1] ) were multiplicitous is unpreserved for appellate review (see People v. Cruz, 96 N.Y.2d 857, 730 N.Y.S.2d 29, 754 N.E.2d 1112 ; People v. Campbell, 120 A.D.3d 827, 991 N.Y.S.2d 341 ; People v. Smalls, 81 A.D.3d 860, 916 N.Y.S.2d 647 ;......
-
People v. Renaud
...that certain counts in the consolidated indictment were multiplicitous is unpreserved for appellate review (see People v. Cruz, 96 N.Y.2d 857, 730 N.Y.S.2d 29, 754 N.E.2d 1112 ) and, in any event, without merit (see People v. Noble, 131 A.D.3d 550, 14 N.Y.S.3d 697 ; People v. Salton, 120 A.......
-
People v. Habeeb
...(see Penal Law §§ 265.00[15] ; 265.03[3] ) and operable (see People v. Cruz, 272 A.D.2d 922, 922, 709 N.Y.S.2d 717 [4th Dept. 2000], affd 96 N.Y.2d 857, 730 N.Y.S.2d 29, 754 N.E.2d 1112 [2001] ; People v. Longshore, 86 N.Y.2d 851, 852, 633 N.Y.S.2d 475, 657 N.E.2d 496 [1995] ). Although the......
-
People v. Holmes
...N.Y.S.2d 375, lv. denied 6 N.Y.3d 847, 816 N.Y.S.2d 753, 849 N.E.2d 976; see People v. Cruz, 272 A.D.2d 922, 924, 709 N.Y.S.2d 717, affd. 96 N.Y.2d 857, 730 N.Y.S.2d 29, 754 N.E.2d 1112; People v. Gates [Appeal No. 2], 168 A.D.2d 995, 564 N.Y.S.2d 939 lv. denied 77 N.Y.2d 906, 569 N.Y.S.2d ......