People v. Smith

• Decision Date: 18 March 2003
• Citation: 755 N.Y.S.2d 834,303 A.D.2d 247
• Court: New York Supreme Court — Appellate Division
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>JARRETT SMITH, Appellant.

303 A.D.2d 247

755 N.Y.S.2d 834

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.JARRETT SMITH, Appellant.

Decided March 18, 2003.

Concur — Mazzarelli, J.P., Andrias, Saxe, Ellerin and Williams, JJ.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility. Defendant's intent to kill the victims of the November 25, 1999 robbery could be reasonably inferred from the totality of the evidence, including the fact that either defendant or the person with whom he was acting in concert fired shots from a short distance at the two victims, who were fleeing side by side at the time of the shooting, and thus wounded one of the victims (see People v Peets, 286 AD2d 624 [2001], lv denied 97 NY2d 686 [2001]). Moreover, one of the robbers made homicidal threats to the victims during the robbery.

The motion court properly exercised its discretion in denying defendant's severance motion. The counts relating to the two incidents were properly joined pursuant to CPL 200.20 (2) (c), and defendant did not make a sufficient showing to warrant a discretionary severance (see CPL 200.20 [3]; People v Streitferdt, 169 AD2d 171, 176 [1991], lv denied 78 NY2d 1015 [1991]).

We perceive no basis for reducing the sentence.