april 15, 2008 - Criminal Law Library Blog

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judge or justice first applied to is final and no new application may thereafter be made to any other judge or justice. THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. ENTERED: APRIL 15, 2008 _______________________ CLERK 26
Lippman, P.J., Tom, Williams, Acosta, JJ. 3401 The People of the State of New York, Ind. 2924/02 Respondent, -against- Darryl Adams, Defendant-Appellant. _________________________ Richard M. Greenberg, Office of the Appellate Defender, New York (Sara Gurwitch of counsel), for appellant. Darryl Adams, appellant pro se. Robert T. Johnson, District Attorney, Bronx (Rafael Curbelo of counsel), for respondent. _________________________ Judgment, Supreme Court, Bronx County (Barbara F. Newman, J. at hearing; Joseph Fisch, J. at jury trial and sentence), rendered December 4, 2003, convicting defendant of attempted coercion in the first degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed. Defendant failed to preserve his claim that his conviction of attempted coercion in the first degree violated the principles of Apprendi v New Jersey, 530 US 466 (2000), or his claim that the first-degree coercion statute (Penal Law § 135.65[1]) is unconstitutional because it purportedly contains a mandatory presumption of “heinousness” (see People v Iannelli, 69 NY2d 684 [1986], cert denied 482 US 914 [1987]), and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits. When coercion is predicated on a 27
Page 1 and 2: SUPREME COURT, APPELLATE DIVISION F
Page 3 and 4: Lippman, P.J., Tom, Williams, Acost
Page 5 and 6: Danann Realty Corp. v Harris, 5 NY2
Page 7 and 8: Circle Rubbish launched “a force
Page 9 and 10: classes, and scheduling visits with
Page 13 and 14: was cut too deep. Defendants’ the
Page 21 and 22: witnesses and collective tailoring
Page 23 and 24: stipulated to the grounds, and the
Page 25: Lippman, P.J., Tom, Williams, Acost
Page 29 and 30: Mullaney v Wilbur, 421 US 684 [1975
Page 33 and 34: liability claims “share few, if a
Page 35 and 36: ecords of drug transactions and def
Page 37 and 38: argument that this testimony invade
Page 39 and 40: in the 12 hours prior to plaintiff
Page 41 and 42: individual as the sole tenant in th
Page 43 and 44: opposed the motion, and pending the
Page 45 and 46: that defendant’s vehicle was regi
Page 47 and 48: arrests respectively. In fact, one
Page 49 and 50: inmate-victim who vaguely claimed t
Page 51 and 52: CATTERSON, J. (dissenting) Because
Page 53 and 54: person that’s in the cell closest
Page 55 and 56: evidence that anyone had intimidate
Page 57 and 58: him. See People v. Harte, 29 A.D.3d
Page 59 and 60: summary judgment on his Labor Law
Page 61 and 62: aise a triable issue as to construc
Page 63 and 64: specific substance of the conversat
Page 65 and 66: Gonzalez, J.P., Williams, Catterson
Page 67 and 68: Mazzarelli, J.P., Andrias, Friedman
Page 69 and 70: interest of justice. As an alternat
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leave to amend the complaint to ass
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in the first degree. After being de
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Mazzarelli, J.P., Andrias, Friedman
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decline to review it in the interes
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panelist understood that he needed
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to be compensated for its services
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Lippman, P.J., Saxe, Nardelli, Will
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Lippman, P.J., Tom, Mazzarelli, And
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Tom, J.P., Andrias, Friedman, Gonza
Page 105 and 106:
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Gonzalez, J.P., Nardelli, Buckley,
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The Following Orders Were Entered A
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april 15, 2008 - Criminal Law Library Blog

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