People v. McKithen
| Citation | 221 A.D.2d 476,634 N.Y.S.2d 128 |
| Parties | The PEOPLE, etc., Respondent, v. Frank McKITHEN, Appellant. |
| Decision Date | 13 November 1995 |
| Court | New York Supreme Court Appellate Division |
Daniel L. Greenberg, New York City (Arthur H. Hopkirk, of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens (Steven J. Chananie, Linda Cantoni, and N. Jane Murphy, of counsel), for respondent.
Before SULLIVAN, J.P., and THOMPSON, HART and GOLDSTEIN, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Finnegan, J.), rendered May 19, 1993, convicting him of attempted murder in the second degree, intimidating a victim or witness in the first degree, assault in the first degree, reckless endangerment in the first degree, resisting arrest, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is modified, on the law, by deleting the provision thereof providing that the terms of imprisonment imposed for attempted murder in the first degree and intimidating a victim or witness in the first degree are to run consecutively to one another and substituting therefor a provision providing that those terms of imprisonment shall run concurrently with each other; as so modified, the judgment is affirmed.
Contrary to the defendant's claim, the counts of the indictment relating to crimes committed on August 21, 1992, and September 1, 1992, were properly joined under CPL 200.20(2)(b) as the proof relating to each offense was material and admissible as evidence-in-chief upon the trial of the other (see, CPL 200.20[2][b]; People v. Bongarzone, 69 N.Y.2d 892, 895, 515 N.Y.S.2d 227, 507 N.E.2d 1083; People v. Lane, 56 N.Y.2d 1, 7, 451 N.Y.S.2d 6, 436 N.E.2d 456; People v. Brennin, 184 A.D.2d 715, 587 N.Y.S.2d 183; People v. Quartieri, 171 A.D.2d 889, 892, 567 N.Y.S.2d 815).
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15[5] ).
As the People correctly concede, since the same act formed the underlying basis for the convictions of attempted murder in the second degree and intimidating a victim or...
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McKithen v. Brown
...intimidation convictions concurrently, resulting in an aggregate sentence of 15 to 30 years. People v. McKithen (McKithen I), 221 A.D.2d 476, 634 N.Y.S.2d 128, 129-30 (2d Dep't 1995). McKithen requested leave to appeal to the New York Court of Appeals, which denied his application on May 8,......
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McKithen v. Brown
...The court modified McKithen's sentence so that the terms imposed on the various charges would run concurrently. People v. McKithen, 221 A.D.2d 476, 634 N.Y.S.2d 128 (1995). The New York Court of Appeals denied leave to appeal. People v. McKithen, 88 N.Y.2d 881, 645 N.Y.S.2d 456, 668 N.E.2d ......
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...conviction on appeal, and the New York Court of Appeals denied McKithen's application for leave to appeal. People v. McKithen, 221 A.D.2d 476, 634 N.Y.S.2d 128 (1995); People v. McKithen, 88 N.Y.2d 881, 645 N.Y.S.2d 456, 668 N.E.2d 427 (1996). McKithen filed a pro se state post-conviction m......
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People v. McKithen
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