People v. Shamsiddeen
| Decision Date | 22 August 2012 |
| Parties | The PEOPLE, etc., respondent, v. Kasib SHAMSIDDEEN, also known as Kasid Shamsiddeen, also known as Titus Shamsiddeen, appellant. |
| Court | New York Supreme Court — Appellate Division |
98 A.D.3d 694
949 N.Y.S.2d 783
2012 N.Y. Slip Op. 06039
The PEOPLE, etc., respondent,
v.
Kasib SHAMSIDDEEN, also known as Kasid Shamsiddeen, also known as Titus Shamsiddeen, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Aug. 22, 2012.
[949 N.Y.S.2d 784]
Yasmin Daley Duncan, Brooklyn, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
DANIEL D. ANGIOLILLO, J.P., THOMAS A. DICKERSON, JOHN M. LEVENTHAL, and CHERYL E. CHAMBERS, JJ.
[98 A.D.3d 694]Appeal by the defendant from a judgment of the County Court, Dutchess County (Hayes, J.), rendered February 22, 2010, convicting him of criminal possession of a weapon in the second degree (two counts), upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the verdict was repugnant because the jury found him guilty of criminal possession of a weapon in the second degree under Penal Law § 265.03(1)(b) while acquitting him of murder in the second degree under Penal Law § 125.25(1) is unpreserved for appellate review, as he failed to raise this issue before the jury was discharged ( see People v. Alfaro, 66 N.Y.2d 985, 987, 499 N.Y.S.2d 378, 489 N.E.2d 1280;People v. Tharpe, 92 A.D.3d 701, 702, 937 N.Y.S.2d 888). In any event, viewing the elements of the offenses as charged to the jury ( see People v. Tucker, 55 N.Y.2d 1, 7, 447 N.Y.S.2d 132, 431 N.E.2d 617), the acquittal on the count of murder in the second degree did not negate any of the elements of criminal possession of a weapon in the second degree under Penal Law § 265.03(1)(b) ( see People v. Brown, 38 A.D.3d 676, 677, 831 N.Y.S.2d 510;People v. Gatling, 222 A.D.2d 606, 606, 635 N.Y.S.2d 273).
The defendant's contention that the evidence was legally insufficient to support his convictions of criminal possession of a weapon in the second degree under Penal Law § 265.03(1)(b) and (3) is unpreserved for appellate review ( seeCPL 470.05[2]; People v. Hawkins, 11 N.Y.3d 484, 872 N.Y.S.2d 395, 900 N.E.2d 946;People v. Hewitt, 82 A.D.3d 1119, 1121, 919 N.Y.S.2d 204). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt of both counts of criminal possession of a weapon in the second degree beyond a reasonable doubt. Moreover,...
To continue reading
Request your trial
-
People v. Dorvilier
...; People v. Boley, 116 A.D.3d 965, 966, 983 N.Y.S.2d 830 ; People v. Jackson, 101 A.D.3d 1153, 956 N.Y.S.2d 508 ; People v. Shamsiddeen, 98 A.D.3d 694, 949 N.Y.S.2d 783 ), and, in any event, is without merit. The qualification of a witness to testify as an expert is a matter that rests in t......
-
People v. Reel
...light most favorable to the defendant (see People v. Zona, 14 N.Y.3d 488, 493, 902 N.Y.S.2d 844, 928 N.E.2d 1041 ; People v. Shamsiddeen, 98 A.D.3d 694, 695, 949 N.Y.S.2d 783 ), although the gun was initially "thrust" upon the defendant's person, the defendant's own testimony established th......
-
People v. Driver
...; People v. Boley, 116 A.D.3d 965, 966, 983 N.Y.S.2d 830 ; People v. Jackson, 101 A.D.3d 1153, 956 N.Y.S.2d 508 ; People v. Shamsiddeen, 98 A.D.3d 694, 949 N.Y.S.2d 783 ). In any event, the verdict, which was rendered and announced by the foreperson of the jury in the courtroom (see CPL 1.2......
-
People v. Parks
...14 N.Y.3d 488, 493, 902 N.Y.S.2d 844, 928 N.E.2d 1041 [2010] ), did not support such an instruction (see People v. Shamsiddeen , 98 A.D.3d 694, 694-695, 949 N.Y.S.2d 783 [2d Dept. 2012], lv denied 20 N.Y.3d 988, 958 N.Y.S.2d 703, 982 N.E.2d 623 [2012]). In order for defendant to be entitled......