People v. Malloy
| Decision Date | 25 June 2019 |
| Docket Number | No. 78 SSM 10,78 SSM 10 |
| Citation | 33 N.Y.3d 1078,128 N.E.3d 673,104 N.Y.S.3d 595 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Edward MALLOY, Also Known as EB, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Law Office of Paul J. Connolly, Delmar (Paul J. Connolly of counsel), for appellant.
P. David Soares, District Attorney, Albany (Vincent Stark of counsel), for respondent.
The order of the Appellate Division should be affirmed.
Defendant Edward Malloy asserts several meritless challenges to his conviction by jury verdict of second-degree murder ( Penal Law § 125.25[1] ) and second-degree criminal possession of a weapon ( Penal Law § 265.03[3] ). As relevant here, during jury selection, defense counsel objected to the prosecutor's peremptory strike of an African American prospective juror as racially motivated, in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 [1986]. The prosecutor responded that the prospective juror was "dismissive and rude," and Supreme Court accepted the prosecutor's race-neutral explanation after thorough questioning. We accord "great deference on appeal" to a trial judge's resolution of a Batson challenge, including a determination regarding discriminatory motive ( Hernandez v. New York, 500 U.S. 352, 364, 111 S.Ct. 1859, 114 L.Ed.2d 395 [1991] ; see also People v. Hecker , 15 N.Y.3d 625, 656, 917 N.Y.S.2d 39, 942 N.E.2d 248 [2010] ). Here, the court's credibility determination is supported by the record and we cannot say as a matter of law that the proffered reason was "pretext for race-based discrimination" ( Hernandez , 500 U.S. at 363, 111 S.Ct. 1859 ).
We also reject defendant's argument that Supreme Court unlawfully imposed consecutive sentences for the criminal weapon possession and murder counts. "So long as a defendant knowingly unlawfully possesses a loaded firearm before forming the intent to cause a crime with that weapon, the possessory crime has already been completed, and consecutive sentencing is permissible" ( People v. Brown , 21 N.Y.3d 739, 751, 977 N.Y.S.2d 723, 999 N.E.2d 1168 [2013] ). Here, the record supports Supreme Court's imposition of consecutive sentences. Video surveillance evidence showed defendant in possession of the gun several minutes before approaching the victim, supporting the conclusion that defendant possessed the weapon for a sufficient period of time before forming the specific intent to kill. Thus, consecutive sentencing was...
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People v. Martinez
...that weapon, the possessory crime has already been completed, and consecutive sentencing is permissible’ " ( People v. Malloy, 33 N.Y.3d 1078, 1080, 104 N.Y.S.3d 595, 128 N.E.3d 673 [emphasis added], quoting People v. Brown, 21 N.Y.3d 739, 751, 977 N.Y.S.2d 723, 999 N.E.2d 1168 ). Here, the......
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People v. Johnson
...1157, 1157–1158, 94 N.Y.S.3d 400 [2019] ; People v. Malloy, 166 A.D.3d 1302, 1304, 88 N.Y.S.3d 652 [2018], affd 33 N.Y.3d 1078, 104 N.Y.S.3d 595, 128 N.E.3d 673 [2019] ). To the extent that, on appeal, defendant asks this Court to release the grand jury minutes to his appellate counsel and ......
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...v. Malloy, 166 A.D.3d 1302, 1304–1305, 88 N.Y.S.3d 652 [2018] [internal quotation marks and citations omitted], affd 33 N.Y.3d 1078, 104 N.Y.S.3d 595, 128 N.E.3d 673 [2019] ; see People v. Taylor, 196 A.D.3d 851, 852–853, 148 N.Y.S.3d 547 [2021], lvs denied 37 N.Y.3d 1025, 1030, 153 N.Y.S.3......
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People v. Graham
...of a weapon in the second degree under Penal Law § 265.03(3) (see People v. Malloy, 33 N.Y.3d 1078, 1079–80, 104 N.Y.S.3d 595, 128 N.E.3d 673, 2019 N.Y. Slip Op. 05061, 2019 WL 2583023, *1 [June 25, 2019] ; People v. Brown, 21 N.Y.3d 739, 751, 977 N.Y.S.2d 723, 999 N.E.2d 1168 [2013] ; Peop......
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Jury selection
...reasons, such as wanting jurors from a certain type of background or wanting a mix of men and women. CASES General People v. Malloy , 33 N.Y.3d 1078, 128 N.E.3d 673 (2019). The Supreme Court’s acceptance of the prosecutor’s reasoning, in response to a Batson challenge, that the black prospe......
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Jury selection
...reasons, such as wanting jurors from a certain type of background or wanting a mix of men and women. CASES General People v. Malloy , 33 N.Y.3d 1078, 128 N.E.3d 673 (2019). he Supreme Court’s acceptance of the prosecutor’s reasoning, in response to a Batson challenge, that the black prospec......