People v. Pierre
| Decision Date | 25 May 2007 |
| Citation | 8 N.Y.3d 989,869 N.E.2d 668 |
| Parties | PEOPLE v. PIERRE (Teddy). |
| Court | New York Court of Appeals Court of Appeals |
Appeal from the 4th Dept.: 37 A.D.3d 1172, 829 N.Y.S.2d 386 (Monroe).
Application for leave to criminal appeal denied. (Ciparick, J.)
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7 cases
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People v. Taylor
... ... Douglas, 36 A.D.2d 994, 994995, 320 N.Y.S.2d 977 [3d Dept. 1971], affd 30 N.Y.2d 592, 330 N.Y.S.2d 803, 281 N.E.2d 849 [1972] ; see also People v. Pierre, 37 A.D.3d 1172, 1173, 829 N.Y.S.2d 386 [4th Dept. 2007], lv denied 8 N.Y.3d 989, 838 N.Y.S.2d 492, 869 N.E.2d 668 [2007] ), it appears that the defendants in those cases did not challenge the sufficiency of the evidence on the ground that the victims were no longer alive when the fires were ... ...
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People v. Clayton
... ... Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ). Although not raised by defendant, the count charging him with intentional murder in the second degree must be dismissed as a lesser included count of murder in the first degree (see CPL 300.40[3][b] ; People v. Pierre, 37 A.D.3d 1172, 1173, 829 N.Y.S.2d 386 [4th Dept. 2007], lv denied 8 N.Y.3d 989, 838 N.Y.S.2d 492, 869 N.E.2d 668 [2007]). Therefore, we modify the judgment accordingly. In light of that determination, we need not reach defendant's contentions concerning the weight and sufficiency of the evidence ... ...
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People v. Hicks
... ... ). Defendant's contention that a police sergeant's testimony about defendant's intent to sell cocaine improperly usurped the jury's fact-finding role is unpreserved (see People v. Pierre, 37 A.D.3d 1172, 1173, 829 N.Y.S.2d 386 [4th Dept. 2007], lv denied 8 N.Y.3d 989, 838 N.Y.S.2d 492, 869 N.E.2d 668 [2007] ). In any event, any error in permitting the police sergeant to testify to the effect that defendant " possessed [the cocaine] with the intent to sell it" ( People v. Brown, 52 ... ...
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People v. Borden
... ... Under the circumstances of this case, we conclude that the court's curative instructions were sufficient to alleviate any prejudice to defendant as a result of the detective's unsolicited testimony ( see People v. Pierre, 37 A.D.3d 1172, 829 N.Y.S.2d 386, lv. denied 8 N.Y.3d 989, 838 N.Y.S.2d 492, 869 N.E.2d 668; see also People v. Nicholas, 286 A.D.2d 861, 862, 731 N.Y.S.2d 99, affd. 98 N.Y.2d 749, 751 N.Y.S.2d 820, 781 N.E.2d 884; People v. Clark, 281 A.D.2d 947, 725 N.Y.S.2d 154, lv. denied 96 N.Y.2d 860, 730 ... ...
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