People v. Paulk

Decision Date07 June 2013
Citation967 N.Y.S.2d 310,107 A.D.3d 1413,2013 N.Y. Slip Op. 04145
PartiesThe PEOPLE of the State of New York, Respondent, v. Martin S. PAULK, Defendant–Appellant. (Appeal No. 1.)
CourtNew York Supreme Court — Appellate Division

107 A.D.3d 1413
967 N.Y.S.2d 310
2013 N.Y. Slip Op. 04145

The PEOPLE of the State of New York, Respondent,
v.
Martin S. PAULK, Defendant–Appellant.
(Appeal No. 1.)

Supreme Court, Appellate Division, Fourth Department, New York.

June 7, 2013.


[967 N.Y.S.2d 311]


Frank H. Hiscock Legal Aid Society, Syracuse (Christine M. Cook of Counsel), for Defendant–Appellant.

Martin S. Paulk, Defendant–Appellant pro se.


William J. Fitzpatrick, District Attorney, Syracuse (Victoria M. White of Counsel), for Respondent.

PRESENT: SCUDDER, P.J., PERADOTTO, LINDLEY, VALENTINO, AND MARTOCHE, JJ.

MEMORANDUM:

[107 A.D.3d 1413]Defendant appeals from two judgments convicting him, following a consolidated jury trial, of various [107 A.D.3d 1414]crimes arising from his criminal sale and criminal possession of a controlled substance and his subsequent kidnapping of a witness to the drug crimes. In December 2006, a confidential informant (hereafter, victim) provided the New York State Police with names of known drug dealers, including defendant, whom the victim had known for several years. The police arranged for two controlled buys in January 2007 and, based on those buys, executed a search warrant of defendant's home later that month. Defendant was arrested and arraigned on a felony complaint, dated January 25, 2007, charging him with criminal possession of a controlled substance in the third degree based on the discovery of cocaine during that search. Approximately a year later, defendant was indicted on 10 counts of criminal possession and sale of a controlled substance, and a trial was scheduled for May 12, 2008.

On the scheduled trial date, the People indicated that they were not ready to proceed because the victim could not be located. The victim was arrested pursuant to a material witness warrant approximately one month later. He alleged that defendant, along with two other men, had kidnapped him at gunpoint on May 7, 2008, held him captive for approximately five days, and thereafter drove him to Atlanta, where he was ordered, on threat of physical violence against his family, to stay in an apartment with defendant's brother. The jury ultimately convicted defendant, in appeal No. 1, of kidnapping in the first degree (Penal Law § 135.25[2][b] ) and intimidating a victim or witness in the third degree (§ 215.15[1] ) and, in appeal No. 2, of two counts each of criminal sale of a controlled substance in the third degree (§ 220.39[1] ) and criminal possession of a controlled substance in the third degree (§ 220.16 [1] ).

On appeal,...

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9 cases
  • People v. Baez
    • United States
    • New York Supreme Court Appellate Division
    • August 22, 2019
    ...court interfered unnecessarily during the questioning of certain witnesses, thereby depriving him of a fair trial (see People v. Paulk, 107 A.D.3d 1413, 1415, 967 N.Y.S.2d 310 [4th Dept. 2013], lv denied 21 N.Y.3d 1076, 974 N.Y.S.2d 325, 997 N.E.2d 150 [2013], reconsideration denied 22 N.Y.......
  • People v. Kachadourian
    • United States
    • New York Supreme Court Appellate Division
    • June 25, 2020
    ......We find no probability that the verdict would have been more favorable to defendant if the evidence had been received (see CPL 330.30[3] ; People v. Smith, 177 A.D.3d 1190, 1192, 114 N.Y.S.3d 497 [2019], lv denied 34 N.Y.3d 1163, 120 N.Y.S.3d 275, 142 N.E.3d 1177 [2020] ; People v. Paulk, 107 A.D.3d 1413, 1415, 967 N.Y.S.2d 310 [2013], lv denied 21 N.Y.3d 1076, 974 N.Y.S.2d 325, 997 N.E.2d 150 [2013] ).ORDERED that the judgment is affirmed. Egan Jr., Mulvey, Devine and Colangelo, JJ., concur.--------Notes:1 County Court announced its decision granting the People's motion during an ......
  • People v. Owens
    • United States
    • New York Supreme Court Appellate Division
    • March 16, 2018
    ...sufficiently before the trial court (see People v. Lane , 7 N.Y.3d 888, 889, 826 N.Y.S.2d 599, 860 N.E.2d 61 [2006] ; People v. Paulk , 107 A.D.3d 1413, 1415, 967 N.Y.S.2d 310 [4th Dept. 2013], lv denied 21 N.Y.3d 1076, 974 N.Y.S.2d 325, 997 N.E.2d 150 [2013], reconsideration denied 22 N.Y.......
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    • United States
    • New York Supreme Court Appellate Division
    • June 7, 2013
    ...The officer escorted defendant to the curb while physically holding defendant's waistband, and he instructed defendant to face the [107 A.D.3d 1413]street and to place his hands on the roof of a civilian vehicle. The officer testified that at that time defendant was not free to leave. Havin......
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