People v. Kramer
| Decision Date | 05 March 1992 |
| Parties | The PEOPLE of the State of New York Respondent, v. Alvin KRAMER, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
Before SULLIVAN, J.P., and MILONAS, KUPFERMAN, ASCH and SMITH, JJ.
Judgment, Supreme Court, New York County (Jeffrey M. Atlas, J.), rendered August 2, 1989, convicting defendant, after jury trial, of two counts of attempted criminal possession of stolen property in the fourth degree, and sentencing him to concurrent terms of imprisonment of six months and a $2,000 fine, unanimously affirmed. The matter is remitted to the Supreme Court, New York County, for further proceedings pursuant to CPL 460.50[5].
Evidence at trial was that an undercover police officer, accompanied by an informant, made two separate sales of assorted gold and silver items to defendant, a licensed dealer in second-hand gold and metals. The items included various school rings and religious articles. During the first sale, the officer expressly stated that the items were stolen, and that she would return with more. Although stating that he did not purchase stolen items, and expressing concern that he might be dealing with an undercover officer, defendant nevertheless accepted and paid for the items without inspecting identification documents or recording the transactions, as required by law. Both transactions were recorded on videotape, and portions thereof were also recorded on audiotape.
Viewing this evidence in the light most favorable to the People and giving them the benefit of every reasonable inference (People v. Malizia, 62 N.Y.2d 755, 476 N.Y.S.2d 825, 465 N.E.2d 364, cert. denied, 469 U.S. 932, 105 S.Ct. 327, 83 L.Ed.2d 264), the jury's determination of defendant's guilt beyond a reasonable doubt of two counts of attempted criminal possession of stolen property in the fourth degree was amply supported (see, People v. Bleakley, 69 N.Y.2d 490, 515 N.Y.S.2d 761, 508 N.E.2d 672).
We have reviewed defendant's various claims of error by the trial court in calculating time chargeable to the People pursuant to CPL 30.30, and make the following findings.
The 12 day period from June 30, 1988 to July 12, 1988, between the filing of the indictment and defendant's arraignment thereon, is properly chargeable to the People (People v. Correa, 77 N.Y.2d 930, 569 N.Y.S.2d 601, 572 N.E.2d 42).
The defendant's failure to provide any record controverting the trial court's finding that the 11 day period from August 1, 1988 to August 12, 1988 is properly excludable as an adjournment granted to the People for preparation of their response to...
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Erdheim v. Greiner, 97 Civ. 7002(LAK).
...498 N.Y.S.2d 116, 488 N.E.2d 1228 (1985). That includes reasonable time for the prosecution to respond to such motions, People v. Kramer, 181 A.D.2d 449, 581 N.Y.S.2d 14 (1st Dep.), lv. denied, 79 N.Y.2d 949, 583 N.Y.S.2d 203, 592 N.E.2d 811 (1992), and the time a court takes to decide them......
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......Kramer, 181 A.D.2d 449, 449-450, 581 N.Y.S.2d 14, lv. denied 79 N.Y.2d 949, 583 N.Y.S.2d 203, 592 N.E.2d 811). Finally, the trial court properly excluded the 21 day period from the rendering of its oral decision on suppression motions to the next adjournment date, as a reasonable adjournment following ......
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...which are insufficient to warrant the relief requested (see, People v. Robinson, 225 A.D.2d 399, 641 N.Y.S.2d 1; People v. Kramer, 181 A.D.2d 449, 581 N.Y.S.2d 14, lv. denied, 79 N.Y.2d 949, 583 N.Y.S.2d 203, 592 N.E.2d 811; see also, People v. Taranovich, 37 N.Y.2d 442, 373 N.Y.S.2d 79, 33......
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