People v. Harris

Decision Date02 April 1990
Citation555 N.Y.S.2d 607,160 A.D.2d 726
PartiesPeople v. Harris The PEOPLE, etc., Respondent, v. Curtis HARRIS, Appellant.
CourtNew York Supreme Court — Appellate Division

Liotti & Skelos, Carle Place (Thomas F. Liotti, of counsel), for appellant. Denis Dillon, Dist. Atty., Mineola (George Freed and Kenneth Harris, of counsel), for respondent.

Appeal by the defendant from (1) a judgment of the County Court, Nassau County (Ain, J.), rendered February 7, 1985, convicting him of murder in the second degree (three counts), robbery in the first degree, and burglary in the first degree, upon a jury verdict under Indictment No. 57785, and sentencing him to an indeterminate term of 25 years to life imprisonment for murder in the second degree under the first count of the indictment, to run consecutively to concurrent indeterminate terms of 12 1/2 to 25 years imprisonment for robbery in the first degree and burglary in the first degree, respectively, and concurrently with two indeterminate terms of 25 years to life imprisonment for murder in the second degree under the third and fifth counts of the indictment, and (2) a judgment of the same court, rendered May 14, 1985, convicting him of attempted murder in the second degree, upon his plea of guilty under Indictment No. 59972, and sentencing him, as a second felony offender, to an indeterminate term of 7 1/2 to 15 years imprisonment, to run consecutively to the sentence imposed under Indictment No. 57785. The appeals bring up for review the denial of that branch of the defendant's omnibus motion under Indictment No. 57785 which was to suppress statements made by him to law enforcement officials. ORDERED that the judgment rendered February 7, 1985, is modified, on the law, by reversing the defendant's conviction of murder in the second degree under the first count of the indictment, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment rendered February 7, 1985, is affirmed; and it is further, ORDERED that the judgment rendered May 14, 1985, is affirmed. The evidence adduced at trial was insufficient to establish that the defendant intended to kill the victim. Accordingly, the defendant's conviction of intentional murder under the first count of Indictment No. 57785 must be reversed and the sentence imposed thereon vacated. Nevertheless, the People sufficiently established the defendant's guilt under the third and fifth...

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6 cases
  • Harris v. Kuhlmann, 00-2740.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • October 10, 2003
    ...to support Harris's intentional murder conviction, but otherwise affirmed the judgment of the trial court. People v. Harris, 160 A.D.2d 726, 555 N.Y.S.2d 607 (2d Dep't 1990). Harris then sought, and was denied, leave to appeal to the New York State Court of Appeals. People v. Harris, 76 N.Y......
  • Harris v. Kuhlmann, 97-CV-2289(JS).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • September 19, 2000
    ...of the conviction under the first count of indictment number 57785, and vacated that portion of the sentence. People v. Harris, 160 A.D.2d 726, 555 N.Y.S.2d 607 (2d Dep't 1990). Petitioner then sought leave to appeal to the New York State Court of Appeals. By Order dated September 14, 1990,......
  • Greene v. City of N.Y., 08-cv-00243 (AMD) (CLP)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • March 15, 2017
    ......There were other people in the taxi. (Def. Ex. 27.)          Reynold Guerrier         Detective Tumbarello interviewed Reynold Guerrier, a taxi driver, at ..., (1) that the government failed to disclose favorable evidence, and (2) that the evidence it 'suppressed' was material) (emphasis added)); Harris v . United States , 9 F.Supp.2d 246, 275 (S.D.N.Y. 1998). The plaintiff has not met that burden.         The plaintiff's trial lawyer, Lewis ......
  • In the Matter of Greene v. Hynes, 2004 NY Slip Op 50341(U) (NY 3/25/2004)
    • United States
    • New York Court of Appeals
    • March 25, 2004
    ......Greene was convicted of same after a jury trial. The Appellate Division, Second Department affirmed the conviction and sentence (People v. Greene, 160 A.D. 2d 726 [2nd Dept. 1990]). The Court of Appeals denied leave to appeal the affirmance, (People v. Greene, 76 NY 2d 789 [1990]). Mr ......
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