People v. Woods
| Citation | 165 A.D.2d 798,564 N.Y.S.2d 281 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Leroy WOODS, Defendant-Appellant. |
| Decision Date | 27 September 1990 |
| Court | New York Supreme Court Appellate Division |
Before KUPFERMAN, J.P., and SULLIVAN, CARRO and SMITH, JJ.
Judgment, Supreme Court, New York County (Jerome Hornblass, J.), rendered March 20, 1987, convicting defendant, after a jury trial, of two counts of robbery in the second degree, and sentencing him as a second violent felony offender to two concurrent prison terms of from seven to fourteen years and imposing a mandatory surcharge, unanimously affirmed.
As defendant and complainant rode in an elevator at 20 West 20th Street, where the complainant worked, defendant pointed what appeared to be a gun at the complainant's head and demanded his money. A struggle ensued, during which defendant pulled off the complainant's watch. When the elevator doors opened on the fifth floor, office workers intervened to assist the complainant in detaining defendant until the police arrived. Defendant possessed two imitation guns. Defendant claims that he was delivering drugs to the complainant when they got into a fight and that he had not robbed the complainant.
On the evening after the first prosecution witness testified at trial, the prosecutor learned for the first time from the complainant that the complainant's watch had been recovered by someone the day of the crime and returned to the complainant weeks after the crime. The next day, the prosecutor sought to introduce the watch through the testimony of the complainant. Counsel, who had mentioned the failure to recover the watch in his opening statement moved to preclude the watch on the grounds of surprise and prejudice. The court, believing that if defendant's motion for a mistrial were granted, then double jeopardy would attach (but see People v. Garofalo, 71 A.D.2d 782, 419 N.Y.S.2d 784, app. dsd., 49 N.Y.2d 879, 427 N.Y.S.2d 990, 405 N.E.2d 233, rearg. gr. & original determination adhered to 75 A.D.2d 980, 453 N.Y.S.2d 382), allowed the watch to be admitted into evidence, predicating its decision on a finding that any prejudice to the defendant would not outweigh the prejudice to the People's case which would result from preclusion. The court denied defendant's motion for a mistrial, and defendant excepted to his ruling.
The trial court did not abuse its discretion in failing to declare a mistrial since there was no evidence of bad faith on the part of the prosecution, nor was the surprise evidence so inconsistent with defendant's defense as to deprive him of a fair trial (C.P.L. 280.10; People v. Williams, 140 A.D.2d 970, 529 N.Y.S.2d 646, appeal denied, 73 N.Y.2d 861, 537 N.Y.S.2d 507, 534...
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People v. Morgan
...only prior conviction, and that that robbery was committed when the 33-year-old defendant was but 19 years old (see, People v. Leroy Woods, 165 A.D.2d 798, 564 N.Y.S.2d 281). This testimony was misleading, as the jury could have incorrectly inferred therefrom that the defendant had committe......
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People v. Diaz
...so inconsistent with defendant's mistaken identification defense as to deprive him of a fair trial. (CPL 280.10; People v. Woods, 165 A.D.2d 798, 799, 564 N.Y.S.2d 281, 282; People v. Williams, 140 A.D.2d 970, 529 N.Y.S.2d 646, app. denied, 73 N.Y.2d 861, 537 N.Y.S.2d 507, 534 N.E.2d 346.) ......
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