People v. Jones

• Decision Date: 18 June 2014
• Citation: 118 A.D.3d 912,2014 N.Y. Slip Op. 04514,987 N.Y.S.2d 447
• Parties: The PEOPLE, etc., respondent, v. Christopher JONES, appellant.
• Court: New York Supreme Court — Appellate Division

118 A.D.3d 912
987 N.Y.S.2d 447
2014 N.Y. Slip Op. 04514

The PEOPLE, etc., respondent,
v.
Christopher JONES, appellant.

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

June 18, 2014.

Lynn W.L. Fahey, New York, N.Y. (Allegra Glashausser of counsel), for appellant, and appellant pro se.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, Nicholas N. George, and Alexander C. Robinson of counsel), for respondent.

RANDALL T. ENG, P.J., LEONARD B. AUSTIN, SYLVIA O. HINDS–RADIX, and HECTOR D. LASALLE, JJ.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Balter, J.), rendered October 26, 2011, convicting him of criminal possession of a weapon in the second degree (two counts) and reckless endangerment in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Ingram, J.), of that branch of the defendant's omnibus motion which was to suppress identification testimony.

[987 N.Y.S.2d 448]

ORDERED that the judgment is affirmed.

The 17–year-old defendant was convicted, upon a jury verdict, of two counts of criminal possession of a weapon in the second degree and one count of reckless endangerment in the second degree based on an incident which occurred on June 7, 2010, at approximately 4 a.m., on East 29th Street in Brooklyn. The complaining witness testified that, while working as a security guard at a club, he encountered the defendant six times as the defendant entered and exited the club. The witness also testified that he noticed a fracas outside the club as it was closing, in which the defendant was involved, which prompted the witness to enter his vehicle and move it. The witness further testified that, as he entered his vehicle, the crowd dispersed and he saw the defendant, who was wearing an orange plaid shirt, heading toward East 29th Street, almost running. Seconds after the witness turned his vehicle onto East 29th Street, he saw sparks, heard gunshots, and saw the defendant firing shots, two of which struck his vehicle.

The police arrived within minutes and received a radio call that a possible suspect was around the corner, where the arresting officer observed the defendant crouched between two parked cars. As the defendant was surrounded by the police, the witness identified the defendant as the person who shot at his vehicle.

After the jury found the defendant guilty on all counts, the Supreme Court...