People v. Contreras, 2017 NY Slip Op 7064 (N.Y. App. Div. 2017). · Go Syfert
People v. Contreras, 2017 NY Slip Op 7064 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
16 citation events (16 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Serrano (nyappdiv, 2026-04-24)
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Serrano (2×)
N.Y. App. Div. · 2026 · confidence medium
Defendant, while seeking dismissal of the indictment "on the general ground that the grand jury proceeding was defective, . . . failed to set forth the specific ground[s] for dismissal now set forth on appeal" (<i>People v Nesmith</i>, 242 AD3d 1564 , 1565 [4th Dept 2025], <i>lv denied</i> 44 NY3d 1067 [2026]; <i>see </i>CPL 470.05 [2];<i> People v Brown</i>, 81 NY2d 798, 798 [1993]).</p> <p>Defendant failed to preserve for our review his present contention that the court erred in failing to preclude a police investigator's testimony as a sanction for the People's failure to disclose photograp…
discussed Cited as authority (rule) People v. Wills
N.Y. App. Div. · 2024 · confidence medium
Defendant's challenge to the legal sufficiency of the evidence with respect to the conviction of DWAI and obstructing governmental administration in the second degree is not preserved for our review inasmuch as defendant made only a general motion for a trial order of dismissal that was not based on the grounds set forth on appeal ( see People v Gray , 86 NY2d 10, 19 [1995]; People v Contreras , 154 AD3d 1320, 1320 [4th Dept 2017], lv denied 30 NY3d 1107 [2018]).
discussed Cited as authority (rule) People v. St. John
N.Y. App. Div. · 2023 · confidence medium
The court, "as the finder of fact, 'was entitled to discredit the testimony of defendant' that the victim was the initial aggressor" and thus to conclude that defendant was not entitled to use deadly physical force against the victim ( People v Contreras , 154 AD3d 1320, 1321 [4th Dept 2017], lv denied 30 NY3d 1104 [2018]; see People v Addison , 184 AD3d 1099, 1101 [4th Dept 2020], lv denied 35 NY3d 1092 [2020]; see generally Penal Law § 35.15 [1] [b]; People v Petty , 7 NY3d 277, 285 [2006]).
discussed Cited as authority (rule) People v. Daskiewich
N.Y. App. Div. · 2021 · confidence medium
We therefore conclude that he abandoned his request to suppress the statements made during the controlled call ( see People v Contreras , 154 AD3d 1320, 1321 [4th Dept 2017], lv denied 30 NY3d 1104 [2018]; see generally People v Garcia , 148 AD3d 1559 , 1561 [4th Dept 2017], lv denied 30 NY3d 980 [2017]; People v Barill , 120 AD3d 951 , 953-954 [4th Dept 2014], lv denied 24 NY3d 1042 [2014], reconsideration denied 25 NY3d 949 [2015], cert denied 577 US 865 [2015]).
discussed Cited as authority (rule) People v. Brown
N.Y. App. Div. · 2021 · confidence medium
Defendant failed to preserve for our review his contention that the evidence is legally insufficient to support the conviction because the People did not disprove a justification defense ( see People v Contreras , 154 AD3d 1320, 1320 [4th Dept 2017], lv denied 30 NY3d 1104 [2018]; People v Haynes , 133 AD3d 1238 , 1239 [4th Dept 2015], lv denied 27 NY3d 998 [2016]).
discussed Cited as authority (rule) People v. Barrett
N.Y. App. Div. · 2020 · confidence medium
We see no reason to disturb County Court's credibility determinations with respect to whether defendant intended to violate the order of protection ( see People v Barrios-Rodriguez , 107 AD3d 1533 , 1534 [4th Dept 2013], lv denied 22 NY3d 1137 [2014]; see also People v Steinberg , 79 NY2d 673, 682 [1992]; People v Aikey , 153 AD3d 1603, 1604 [4th Dept 2017], lv denied 30 NY3d 1058 [2017]), whether defendant was the initial aggressor in starting a brawl ( see People v Perkins , 160 AD3d 1455 , 1456-1457 [4th Dept 2018], lv denied 31 NY3d 1151 [2018]; People v Contreras , 154 AD3d 1320, 1321 [4t…
discussed Cited as authority (rule) People v. Smith
N.Y. App. Div. · 2020 · confidence medium
We thus conclude that defendant, "by failing to seek a ruling on that part of his omnibus motion seeking to suppress his statements and by failing to object to the admission in evidence of his statements at trial," has abandoned his contention that the statements should have been suppressed ( People v Contreras , 154 AD3d 1320, 1321 [4th Dept 2017], lv denied 30 NY3d 1104 [2018]).
discussed Cited as authority (rule) People v. Healy
N.Y. App. Div. · 2020 · confidence medium
Defendant failed to preserve for our review his contention that the evidence is legally insufficient to support the conviction inasmuch as his general motion for a trial order of dismissal was not " specifically directed' at" the alleged shortcomings in the evidence asserted on appeal ( People v Contreras , 154 AD3d 1320, 1320 [4th Dept 2017], lv denied 30 NY3d 1104 [2018], quoting People v Gray , 86 NY2d 10, 19 [1995]; see People v Williams , 110 AD3d 1458 , 1459 [4th Dept 2013], lv denied 22 NY3d 1160 [2014]).
discussed Cited as authority (rule) People v. Perkins (2×)
N.Y. App. Div. · 2018 · confidence medium
Defendant's testimony that, contrary to the accounts of the People's witnesses, the vehicle pulled up to the intersection, an antagonistic verbal exchange occurred, one of the rear passengers began firing his handgun at defendant and defendant returned fire in self-defense "presented a credibility issue for the [court] to resolve" ( Alls , 195 AD2d at 953 ), and the court, "as the finder of fact, was entitled to discredit the testimony of defendant' that [one of the rear passengers] was the initial aggressor" ( People v Contreras , 154 AD3d 1320, 1321 [4th Dept 2017], lv denied 30 NY3d 1104 [2…
discussed Cited "see" People v. Roche
N.Y. App. Div. · 2024 · signal: see · confidence high
Defendant's contention is also unpreserved with respect to the testimony of the fourth witness inasmuch as the court sustained defense counsel's objection to that testimony and struck it from the record and, "in the absence of further objection or a request for a mistrial, [the court's remedy] 'must be deemed to have corrected the error to the defendant's satisfaction' " ( People v Acosta , 134 AD3d 1525 , 1526 [4th Dept 2015], lv denied 27 NY3d 990 [2016], quoting People v Heide , 84 NY2d 943, 944 [1994]; see People v Contreras , 154 AD3d 1320, 1321-1322 [4th Dept 2017], lv denied 30 NY3d 110…
discussed Cited "see" People v. Vazquez (2×)
N.Y. App. Div. · 2022 · signal: see · confidence high
Defendant's testimony that, contrary to the account established by the People's witnesses, the victim arrived at defendant's Syracuse home while carrying a handgun and threatening to kill defendant and his family merely "presented a credibility issue for the [jury] to resolve" ( Perkins , 160 AD3d at 1456 [internal quotation marks omitted]; see People v Alls , 195 AD2d 952, 953 [4th Dept 1993], lv denied 82 NY2d 890 [1993]), and the jury, "as the finder of fact, 'was entitled to discredit the testimony of defendant' that the victim was the initial aggressor" ( People v Contreras , 154 AD3d 132…
discussed Cited "see" People v. Farley
N.Y. App. Div. · 2021 · signal: see · confidence high
We conclude, however, that "by failing to seek a ruling on that part of his omnibus motion seeking to suppress his statements [as the product of an unlawful arrest] and by failing to object to the admission in evidence of his statements at trial," defendant has abandoned his contention ( People v Smith , 187 AD3d 1652 , 1653 [4th Dept 2020], lv denied 36 NY3d 1054 [2021] [internal quotation marks omitted]; see [*2]People v Contreras , 154 AD3d 1320, 1321 [4th Dept 2017], lv denied 30 NY3d 1104 [2018]).
discussed Cited "see, e.g." People v. Addison
N.Y. App. Div. · 2020 · signal: see also · confidence medium
The jury was therefore justified in finding, beyond a reasonable doubt, that defendant was the initial aggressor and was thus not entitled to use deadly physical force against the victim ( see People v Lewis , 46 AD3d 943, 945-946 [3d Dept 2007]; People v Young , 240 AD2d 974, 975-977 [3d Dept 1997], lv denied 90 NY2d 1015 [1997]; see also People v Contreras , 154 AD3d 1320, 1320-1321 [4th Dept 2017], lv denied 30 NY3d 1104 [2018]; People v Williams , 112 AD2d 176, 177 [2d Dept 1985]; see generally People v Delamota , 18 NY3d 107, 116-117 [2011]).
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Pablo Contreras, Also Known as “New York,” Appellant
1103 KA 15-01889.
Appellate Division of the Supreme Court of the State of New York.
Oct 6, 2017.
2017 NY Slip Op 7064
Centra, Peradotto, Nemoyer, Troutman, Winslow.
Cited by 12 opinions  |  Published

Appeal from a judgment of the Oneida County Court (Barry M. Donalty, J.), rendered May 18, 2015. The judgment convicted defendant, upon a nonjury verdict, of manslaughter in the first degree and criminal possession of a weapon in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him after a nonjury trial of manslaughter in the first degree (Penal Law § 125.20 [1]) and criminal possession of a weapon in the third degree (§ 265.02 [1]). Defendant contends that the evidence is legally insufficient to support his conviction of manslaughter because he was too intoxicated to form the requisite intent to cause serious physical injury to another person. We conclude that defendant failed to preserve that contention for our review inasmuch as his general motion for a trial order of dismissal was not “ ‘specifically directed’ at” that alleged shortcoming in the evidence (People v Gray, 86 NY2d 10, 19 [1995]; see generally People v Fafone, 129 AD3d 1667, 1668 [2015], lv denied 26 NY3d 1039 [2015]). In any event, viewing the evidence in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), we conclude that a rational trier of fact could infer that defendant intended to cause serious physical injury (see generally People v Hunter, 70 AD3d 1388, 1388 [2010], lv denied 15 NY3d 751 [2010]).

Inasmuch as defendant failed to renew his motion for a trial order of dismissal after he presented a justification defense at trial, his further contention that the evidence is legally insufficient to support the conviction of manslaughter in the first degree because the People failed to disprove that defense is also unpreserved for our review (see People v Hines, 97 NY2d 56, 61 [2001], rearg denied 97 NY2d 678 [2001]; see also People v Diehl, 128 AD3d 1409, 1410 [2015]). Viewing the evidence in light of the elements of the crimes in this nonjury trial (see People v Danielson, 9 NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). County Court, as the finder of fact, “was entitled to discredit the testimony of defendant” that the victim was the initial aggressor and was armed with a “big knife” (People v Streeter, 21 AD3d 1291, 1292 [2005], Iv denied 6 NY3d 898 [2006]). We note that the court “was in the best position to assess the credibility of the witnesses and, on this record, it cannot be said that the [court] failed to give the evidence the weight it should be accorded” (People v Carter, 145 AD3d 1567, 1568 [2016] [internal quotation marks omitted]; see People v Chelley, 121 AD3d 1505, 1506 [2014], lv denied 24 NY3d 1218 [2015], denied reconsideration 25 NY3d 1070 [2015]).

Even assuming, arguendo, that defendant preserved for our review his contention that his oral statements to the police were custodial in nature and unlawfully obtained in violation of his rights under Miranda v Arizona (384 US 436 [1966]), we conclude that defendant abandoned that contention by failing to seek a ruling on that part of his omnibus motion seeking to suppress his statements and by failing to object to the admission in evidence of his statements at trial (see People v Adams, 90 AD3d 1508, 1509 [2011], Iv denied 18 NY3d 954 [2012]). Moreover, even assuming, arguendo, that the court did deny that part of defendant’s omnibus motion seeking to suppress his statements, we cannot consider the merits of defendant’s contention inasmuch as it was “defendant’s obligation to prepare a proper record” (People v Olivo, 52 NY2d 309, 320 [1981], rearg denied 53 NY2d 797 [1981]), and defendant failed to include in the record on appeal his omnibus motion challenging the admissibility of the statements, a transcript of a pretrial Huntley hearing, and the court’s suppression ruling (see generally People v Smith, 147 AD3d 1527, 1530 [2017], Iv denied 29 NY3d 1087 [2017]).

Defendant contends that the court abused its discretion in denying his request for a mistrial on the ground that he was denied his right to a fair trial by the testimony of a jailhouse informant. We conclude that defendant’s contention is unpre-served for our review inasmuch as the record establishes that defendant did not request a mistrial (see CPL 470.05 [2]). Furthermore, defendant consented to the People’s motion to withdraw the informant’s testimony, and he did not oppose the court’s proposed remedy of striking the informant’s testimony from the record. The trial court was in the best position to determine the remedy necessary to protect defendant’s right to a fair trial (see e.g. People v Duell, 124 AD3d 1225, 1228 [2015], lv denied 26 NY3d 967 [2015]; People v Lewis, 247 AD2d 866, 866 [1998], Iv denied 93 NY2d 1021 [1999]) and, “in the absence of further objection or a request for a mistrial, [striking the informant’s testimony] ‘must be deemed to have corrected the error to the defendant’s satisfaction’ ” (People v Acosta, 134 AD3d 1525, 1526 [2015], lv denied 27 NY3d 990 [2016], quoting People v Heide, 84 NY2d 943, 944 [1994]).

Present — Centra, J.P., Peradotto, NeMoyer, Troutman and Winslow, JJ.