People v. Lynch
| Decision Date | 10 February 2011 |
| Citation | 916 N.Y.S.2d 407,81 A.D.3d 1292 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Robert A. LYNCH, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
81 A.D.3d 1292
The PEOPLE of the State of New York, Respondent,
v.
Robert A. LYNCH, Defendant-Appellant.
Supreme Court, Appellate Division, Fourth Department, New York.
Feb. 10, 2011.
Kristin F. Splain, Conflict Defender, Rochester (Kimberly J. Czapranski of Counsel), for Defendant-Appellant.
Michael C. Green, District Attorney, Rochester (Nancy Gilligan of Counsel), for Respondent.
PRESENT: SMITH, J.P., FAHEY, CARNI, SCONIERS, AND MARTOCHE, JJ.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon a jury verdict of one count each of robbery in the first degree (Penal Law § 160.15[3] ) and robbery in the third degree (§ 160.05) and two counts of robbery in the second degree (§ 160.10[1], [2][a] ). Contrary to defendant's contention, "[t]he showup [identification procedure] was not rendered unduly suggestive by factors '[i]nherent in any showup' ..., including the victim's apparent awareness that [she] was viewing a possible suspect and the presence of police officers guarding defendant" ( People v. Grant, 77 A.D.3d 558, 558, 909 N.Y.S.2d 443). In addition, "[t]he circumstances that defendant was handcuffed behind his back ... and that the [victim] was told that [she] would be viewing a suspect, did not render the procedure unduly suggestive" ( People v. Edwards, 259 A.D.2d 343, 344, 687 N.Y.S.2d 317, lv. denied 93 N.Y.2d 969, 695 N.Y.S.2d 55, 716 N.E.2d 1100; see People v. Lewis, 306 A.D.2d 931, 762 N.Y.S.2d 325, lv. denied 100 N.Y.2d 596, 766 N.Y.S.2d 171, 798 N.E.2d 355).
Defendant failed to preserve for our review his further contention that the jury actually convicted him of robbery in the third degree as a lesser included offense of robbery in the first degree
as charged in the second count of the indictment, rather than robbery in the first degree ( see People v. Nairne, 258 A.D.2d 671, 683 N.Y.S.2d 920, lv. denied 93 N.Y.2d 1003, 1004, 695 N.Y.S.2d 749, 750, 717 N.E.2d 1086, 1087; People v. Rundblad, 154 A.D.2d 746, 747-748, 546 N.Y.S.2d 190; see generally People v. Mercado, 91 N.Y.2d 960, 963, 672 N.Y.S.2d 842, 695 N.E.2d 711; People v. Marilla, 7 N.Y.2d 319, 320, 197 N.Y.S.2d 154, 165 N.E.2d 174). In any event, "[b]ased on the minutes and the jury verdict sheet" ( People v. Williams, 262 A.D.2d 218, 219, 692 N.Y.S.2d 349, lv. denied 93 N.Y.2d 1046, 697 N.Y.S.2d 878, 720 N.E.2d 98), as well as County Court's charge to the jury, it is clear that the court...To continue reading
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Lynch v. Dolce
...York Supreme Court Appellate Division, Fourth Department, affirmed Lynch's conviction and sentence on February 10, 2011. People v. Lynch, 81 A.D.3d 1292, 916 N.Y.S.2d 407 (4th Dep't 2011) (“Lynch I ”). With regard to the court clerk's error in asking the jury whether they found Lynch guilty......
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People v. Williams
...N.Y.3d 962, 944 N.Y.S.2d 491, 967 N.E.2d 716,reconsideration denied19 N.Y.3d 967, 950 N.Y.S.2d 119, 973 N.E.2d 217;People v. Lynch, 81 A.D.3d 1292, 1292–1293, 916 N.Y.S.2d 407,lv. denied17 N.Y.3d 807, 929 N.Y.S.2d 567, 953 N.E.2d 805). In any event, “ ‘[b]ased on the minutes and the jury ve......
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People v. Shaver
...to object before the jury was discharged, at a time when Supreme Court could have addressed and remedied the error ( see People v. Lynch, 81 A.D.3d 1292, 1292–1293, 916 N.Y.S.2d 407 [2011]; People v. Nairne, 258 A.D.2d 671, 671, 683 N.Y.S.2d 920 [1999], lvs. denied 93 N.Y.2d 1003, 1004, 695......
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Lynch v. Dolce
...affirmed the judgment of conviction, and on July 13, 2011, the New York Court of Appeals denied leave to appeal. People v. Lynch, 81 A.D.3d 1292 (4th Dept.), lv. denied, 17 N.Y.3d 807 (2011). Petitioner then filed a pro se application for a writ of error coram nobis, asserting that appellat......