People v. Gutierrez

• Decision Date: 15 May 2019
• Docket Number: 2016–10810,Ind. No. 2796/14
• Citation: 172 A.D.3d 1094,100 N.Y.S.3d 333
• Parties: The PEOPLE, etc., Respondent, v. Edwin GUTIERREZ, Appellant.
• Court: New York Supreme Court — Appellate Division

172 A.D.3d 1094
100 N.Y.S.3d 333

The PEOPLE, etc., Respondent,
v.
Edwin GUTIERREZ, Appellant.

2016–10810
Ind. No. 2796/14

Supreme Court, Appellate Division, Second Department, New York.

Argued—December 17, 2018
May 15, 2019

Laurette D. Mulry, Riverhead, N.Y. (Lisa A. Marcoccia of counsel), for appellant.

Timothy D. Sini, District Attorney, Riverhead, N.Y. (Glenn Green and Thomas C. Costello of counsel), for respondent.

ALAN D. SCHEINKMAN, P.J., HECTOR D. LASALLE, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

172 A.D.3d 1094

Appeal by the defendant from a judgment of the County Court, Suffolk County (William J. Condon, J.), rendered September 7, 2016, convicting him of murder in the second degree (two counts), robbery in the first degree, and attempted grand larceny in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

On November 28, 2014, in a parking lot in Bay Shore, while attempting to steal a sport utility vehicle, the defendant drove the vehicle into its owner, killing him. A short time earlier in the same parking lot, the defendant had attempted to steal a different vehicle owned by someone else. The defendant testified that he had been drinking and did not remember the incidents or being in the parking lot at the time the incidents occurred. The defendant was convicted of two counts of murder in the second degree, robbery in the first degree, and attempted grand larceny in the third degree, upon a jury verdict, and was sentenced to 25 years to life imprisonment on each count of murder in the

100 N.Y.S.3d 334

second degree, 25 years imprisonment plus 5 years of postrelease supervision on the count of robbery in the first degree, and 2 to 4 years imprisonment on the count of attempted grand larceny in the third degree, the sentences to run concurrently.

The defendant's contentions regarding the legal sufficiency of the evidence are unpreserved for...