People v. Meyers, 2015–02398
| Citation | 80 N.Y.S.3d 125,162 A.D.3d 1074 |
| Decision Date | 27 June 2018 |
| Docket Number | Ind. No. 294/13,2015–02398 |
| Parties | The PEOPLE, etc., respondent, v. Vincent MEYERS, appellant. |
| Court | New York Supreme Court Appellate Division |
162 A.D.3d 1074
80 N.Y.S.3d 125
The PEOPLE, etc., respondent,
v.
Vincent MEYERS, appellant.
2015–02398
Ind. No. 294/13
Supreme Court, Appellate Division, Second Department, New York.
Argued—February 2, 2017
June 27, 2018
Patrick Michael Megaro, Uniondale, N.Y., for appellant.
Madeline Singas, District Attorney, Mineola, N.Y. (Daniel Bresnahan and Pamela Kelly–Pincus of counsel), for respondent.
REINALDO E. RIVERA, J.P., RUTH C. BALKIN, CHERYL E. CHAMBERS, JEFFREY A. COHEN, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Jerald S. Carter, J.), dated March 12, 2015, convicting him of robbery in the second degree (two counts), assault in the second degree, criminal possession of stolen property in the fourth degree, criminal possession of stolen property in the fifth degree, criminal mischief in the fourth degree (two counts), and harassment in the second degree, upon a jury verdict, and imposing sentence. By decision and order dated March 22, 2017, this Court remitted the matter to the Supreme Court, Nassau County, for a reconstruction hearing regarding
the item in the court file denominated "Court Exhibit # XIV," and thereafter a report to this Court, and the appeal was held in abeyance in the interim. The Supreme Court, Nassau County, has filed its report.
ORDERED that the judgment is affirmed.
When this appeal was first before us, we held it in abeyance and remitted the matter to the Supreme Court, Nassau County, for a reconstruction hearing to establish the circumstances surrounding "Court Exhibit # XIV," which was contained in the court file and appeared to be a jury note, but which, on the record then before us, did not appear to have led to any discussion with counsel or response to the jury, and a report thereafter. We did not, at that time, address any other issue (see People v. Meyers, 148 A.D.3d 1057, 51 N.Y.S.3d 98 ). The Supreme Court, Nassau County, has conducted the reconstruction hearing and filed its report.
In fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15[5] ; People v. Danielson, 9 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1 ), we accord great deference to the jury's...
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