People v. Leonidow
| Decision Date | 24 December 1998 |
| Citation | 683 N.Y.S.2d 310,256 AD2d 917 |
| Parties | 1998 N.Y. Slip Op. 11,385 The PEOPLE of the State of New York, Respondent, v. Dimitry P. LEONIDOW, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Barbara Coppola Davis, Albany, for appellant.
William J. Gibbons (Paul W. Elkan of counsel), Cooperstown, for respondent.
Before: CARDONA, P.J., MIKOLL, CREW III, WHITE and YESAWICH Jr., JJ.
CREW III, J.
Appeal from a judgment of the County Court of Otsego County (Coccoma, J.), rendered October 6, 1997, upon a verdict convicting defendant of the crimes of burglary in the third degree and criminal sale of marihuana in the fifth degree.
In the late evening hours of December 13, 1996, Bradley Martin observed two individuals exiting a hair salon known as Snippers 2 in the Village of Richfield Springs, Otsego County. Martin called the State Police and, as a consequence, Troopers Daniel Charleson and Kelvin Preston drove to the scene. Upon arrival, the Troopers observed footprints in the snow leading from the rear door of Snippers 2 to a nearby business known as Chef's Diner. There they found defendant outside the diner and Edward Conklin hiding in the walk-in cooler inside the diner. Both defendant and Conklin were arrested and a search of defendant revealed two baggies of marihuana. At the scene, the Troopers did a visual comparison of defendant's shoes with the footprints they observed in the snow, which appeared to be the same. Finally, at the station house defendant stated that he and Conklin entered the hair salon to smoke a joint, and Conklin stated that they initially went behind the hair salon to smoke a joint but because it was so windy they opened the doorway to the cellar and went inside.
Defendant was indicted and charged with, inter alia, burglary in the third degree with regard to Snippers 2 and criminal sale of marihuana in the fifth degree. Following a jury trial, defendant was convicted on such counts and sentenced, as a second felony offender, to an indeterminate term of imprisonment of 3 1/2 to 7 years for the burglary conviction and three months in jail for the criminal sale conviction, said sentences to be served concurrently. Additionally, defendant was ordered to make restitution to the owners of Snippers 2 in the amount of $225 for damage to the cellar door.
At the outset, we are uncertain as to whether defendant assails the verdict on the basis of legal insufficiency or as being against the weight of the evidence inasmuch as his brief refers variously to the legal insufficiency of the evidence as well as to the People's failure to establish his guilt beyond a reasonable doubt. That need not detain us, however, as we are satisfied that both standards...
To continue reading
Request your trial
-
People v. Ford
...estimates of the cost of repairing and reinstalling the home's heating system and other damaged features ( see People v. Leonidow, 256 A.D.2d 917, 919, 683 N.Y.S.2d 310 [1998], lv. denied 93 N.Y.2d 875, 689 N.Y.S.2d 437, 711 N.E.2d 651 [1999] ). County Court found the testimony credible, an......
-
People v. Rhodes
...n. 1, 849 N.Y.S.2d 719 [2001], lv. denied 10 N.Y.3d 866, 860 N.Y.S.2d 492, 890 N.E.2d 255 [2008]; see generally People v. Leonidow, 256 A.D.2d 917, 918, 683 N.Y.S.2d 310 [1998], lv. denied 93 N.Y.2d 875, 689 N.Y.S.2d 437, 711 N.E.2d 651 [1999] ). As for defendant's claim that the sentence i......
-
People v. Leonidow
...437 93 N.Y.2d 875, 711 N.E.2d 651 People v. Dimitry P. Leonidow Court of Appeals of New York March 23, 1999 Rosenblatt, J. --- A.D.2d ----, 683 N.Y.S.2d 310 App.Div. 3, Otsego Denied. ...