People v. Katende
| Decision Date | 29 November 1993 |
| Parties | The PEOPLE, etc., Respondent, v. Frank KATENDE, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Philip L. Weinstein, New York (Lisa A. Ferrari, of counsel), for appellant.
Richard A. Brown, Dist. Atty., Kew Gardens (Steven J. Chananie and Andrew L. Crabtree, of counsel), for respondent.
Before SULLIVAN, J.P., and BALLETTA, RITTER and SANTUCCI, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hanophy, J.), rendered July 23, 1991, convicting him of grand larceny in the third degree, criminal possession of stolen property in the third degree, criminal mischief in the third degree, and unauthorized use of a vehicle in the third degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is modified, on the law, by (1) reversing the convictions of grand larceny in the third degree, criminal possession of stolen property in the third degree, and criminal mischief in the third degree, vacating the sentences imposed thereon, and dismissing those counts of the indictment, and (2) vacating the sentence imposed on the conviction of unauthorized use of a vehicle in the third degree; as so modified, the judgment is affirmed, and the matter is remitted to the Supreme Court, Queens County, for resentencing on the conviction of unauthorized use of a vehicle in the third degree.
On August 2, 1990, Police Officers Stephen Pelan and Dwight Hovington were parked on a Queens street on plainclothes patrol. At approximately 5:15 A.M. they observed the driver of a stolen Honda automobile pull the automobile alongside a Datsun automobile which was parked three car lengths in front of the officers' car. The defendant, who had been seated in the Honda's front passenger seat, exited the passenger door of the Honda and entered the Datsun. The officers pulled up behind the Honda, exited their car, and approached the Honda from either side with their shields displayed. After Officer Hovington said "Don't move", the driver of the Honda began to slowly drive away. The defendant then exited the Datsun and jumped head first into the Honda through the passenger window, whereupon the driver accelerated in an attempt to flee the police. The officers reentered their vehicle and pursued the Honda. A short while later, the Honda struck a curb and crashed into a sanitation truck which had been stopped for a traffic light. At that point both the driver and the defendant exited the vehicle and fled on foot. The police officers gave chase and later apprehended the defendant as he walked down a nearby street. The driver, however, successfully eluded arrest. Upon their return to the Honda, the officers found that the windshield was smashed, the rear bumper was hanging off, and the ignition cylinder was missing from the car.
In order to sustain a conviction for criminal possession of stolen property, the evidence must establish that the defendant knowingly exercised such "dominion and control" over the...
To continue reading
Request your trial
-
People v. Jackson
...v. Yazum, 13 N.Y.2d 302, 304, 246 N.Y.S.2d 626, 196 N.E.2d 263 ; People v. Leak, 303 A.D.2d 251, 756 N.Y.S.2d 203 ; People v. Katende, 198 A.D.2d 522, 604 N.Y.S.2d 213 ).The defendant's challenge to the introduction of a fingerprint comparison analysis is unpreserved for appellate review (s......
-
People v. Jackson
...People v. Yazum, 13 N.Y.2d 302, 304, 246 N.Y.S.2d 626, 196 N.E.2d 263;People v. Leak, 303 A.D.2d 251, 756 N.Y.S.2d 203;People v. Katende, 198 A.D.2d 522, 604 N.Y.S.2d 213). The defendant's challenge to the introduction of a fingerprint comparison analysis is unpreserved for appellate review......
-
People v. Jackson
...v. Yazum, 13 N.Y.2d 302, 304, 246 N.Y.S.2d 626, 196 N.E.2d 263; People v. Leak, 303 A.D.2d 251, 756 N.Y.S.2d 203; People v. Katende, 198 A.D.2d 522, 604 N.Y.S.2d 213). The defendant's challenge to the introduction of a fingerprint comparison analysis is unpreserved for appellate review ( se......
-
People v. Knowles
...sufficiently established all of the elements of criminal possession of stolen property in the third degree (see, People v. Katende, 198 A.D.2d 522, 604 N.Y.S.2d 213). The defendant was not deprived of the effective assistance of counsel (see, People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2......