People v. Medina, 37 A.D.3d 240 (N.Y. App. Div. 2007). · Go Syfert
People v. Medina, 37 A.D.3d 240 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
17 citation events (17 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Macias (nyappdiv, 2026-06-02)
Top citers, strongest first. 14 distinct citers. How cited ↗
cited Cited as authority (rule) People v. Macias
N.Y. App. Div. · 2026 · confidence medium
Notably, "there was no variance between the trial evidence and the language of the indictment" ( see People v Medina , 37 AD3d 240, 241 [1st Dept 2007], lv denied 9 NY3d 847 [2007]).
discussed Cited as authority (rule) People v. Franqueira
N.Y. App. Div. · 2016 · confidence medium
Contrary to defendant’s assertion, his seizure, “made on the basis of reasonable suspicion, was a brief investigative detention for the purpose of prompt identification by the victim [s], and the fact that the police [initially] detained defendant at gunpoint and [thereafter] used handcuffs did not transform the detention into an arrest requiring probable cause” (People v Gatling, 38 AD3d 239, 239-240 [2007], lv denied 9 NY3d 865 [2007]; see People v Allen, 73 NY2d 378, 379-380 [1989]; People v Mabeus, 68 AD3d at 1560-1561 ; People v Medina, 37 AD3d 240, 242 [2007], lv denied 9 NY3d 847 …
discussed Cited as authority (rule) People v. Riley
N.Y. App. Div. · 2014 · confidence medium
Furthermore, the police action in detaining the defendant was reasonable under the circumstances (see People v Hicks, 68 NY2d at 243 ; People v Mabeus, 68 AD3d 1557, 1561-1562 [2009]; People v Medina, 37 AD3d 240, 242 [2007]; People v Harris, 186 AD2d 148 [1992]).
discussed Cited as authority (rule) People v. Delvillartron
N.Y. App. Div. · 2014 · confidence medium
Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Delamota, 18 NY3d 107, 116-117 [2011]; People v Romero, 7 NY3d 633 [2006]; People v Medina, 37 AD3d 240, 241 [2007]).
discussed Cited as authority (rule) People v. Austin
N.Y. App. Div. · 2014 · confidence medium
Addressing defendant’s evidentiary challenges, Supreme Court properly permitted the People to introduce the large quantity of coins that had been found on defendant at the time of his apprehension, as this evidence was relevant to the issue of defendant’s intent and its probative value outweighed any potential for prejudice (see People v Alfaro, 19 NY3d 1075, 1076 [2012]; People v Edwards, 43 AD3d 1175 , 1175 [2007], lv denied 10 NY3d 810 [2008]; People v Medina, 37 AD3d 240, 242 [2007], lv denied 9 NY3d 847 [2007]; see generally People v Scarola, 71 NY2d 769, 777 [1988]).
discussed Cited as authority (rule) People v. Austin
N.Y. App. Div. · 2014 · confidence medium
Addressing defendant’s evidentiary challenges, Supreme Court properly permitted the People to introduce the large quantity of coins that had been found on defendant at the time of his apprehension, as this evidence was relevant to the issue of defendant’s intent and its probative value outweighed any potential for prejudice (see People v Alfaro, 19 NY3d 1075, 1076 [2012]; People v Edwards, 43 AD3d 1175 , 1175 [2007], lv denied 10 NY3d 810 [2008]; People v Medina, 37 AD3d 240, 242 [2007], lv denied 9 NY3d 847 [2007]; see generally People v Scarola, 71 NY2d 769, 777 [1988]).
discussed Cited as authority (rule) People v. Alfaro
N.Y. App. Div. · 2011 · confidence medium
Although defendant was not charged with unlawful possession of an imitation pistol, his possession of those items provided circumstantial evidence of his intent to commit the crimes charged (see People v Medina, 37 AD3d 240, 242 [2007], lv denied 9 NY3d 847 [2007]; People v Cooper, 238 AD2d 194 [1997], lv denied 90 NY2d 939 [1997]).
discussed Cited as authority (rule) People v. Williams
N.Y. App. Div. · 2010 · confidence medium
With respect to appeal No. 2, under the facts established at the suppression hearing, it is clear that the police had the authority to forcibly detain defendant for a brief period for investigative purposes because they had reasonable suspicion that defendant had been involved in a burglary (see People v Hicks, 68 NY2d 234, 238 [1986]; People v Mabeus, 68 AD3d 1557, 1562 [2009], lv denied 14 NY3d 842 [2010]; People v Medina, 37 AD3d 240, 242 [2007], lv denied 9 NY3d 847 [2007]; cf. People v Ryan, 12 NY3d 28, 30-31 [2009]).
discussed Cited as authority (rule) People v. Rose
N.Y. App. Div. · 2010 · confidence medium
Initially, we find that the vehicle was lawfully stopped by State Police on the Thruway and defendant was lawfully handcuffed and detained for questioning because they had reasonable suspicion that he had been involved in this shooting (see People v Hicks, 68 NY2d 234, 238 [1986]; People v Medina, 37 AD3d 240, 242 [2007], lv denied 9 NY3d 847 [2007]; People v Baptiste, 306 AD2d 562, 565 [2003], lv denied 1 NY3d 594 [2004]; see also People v Hollman, 79 NY2d 181, 184-185 [1992]; People v Allen, 73 NY2d 378, 379-380 [1989]; cf. People v May, 81 NY2d 725, 727 [1992]).
discussed Cited as authority (rule) People v. Mabeus
N.Y. App. Div. · 2009 · confidence medium
Simply put, the record reveals that the State Police “conducted a lawful investigatory detention, fully supported by reasonable suspicion that defendant had been involved in a violent crime, and this detention was not transformed into an arrest when the [troopers] ordered defendant out of his vehicle, placed him ... in handcuffs, and [secured him] for approximately 30 minutes, since [each] of these . . . actions [was] justified by the particular exigencies involved in the investigation” (People v Medina, 37 AD3d 240, 242 [2007], lv denied 9 NY3d 847 [2007]).
discussed Cited as authority (rule) People v. Carrenard
N.Y. App. Div. · 2008 · confidence medium
The defendant’s contention that the court failed to provide a limiting instruction is unpreserved for appellate review (see CPL 470.05 [2]; People v Medina, 37 AD3d 240, 242 [2007]), and we decline to review it in the exercise of our interest of justice jurisdiction (see CPL 470.15 [6] [a]).
discussed Cited "see" People v. Alfaro
NY · 2012 · signal: see · confidence high
Moreover, they were probative of a material issue at trial, namely, the necessary intent to “use[ ] or threaten[ ] the immediate use of physical force upon another person” during the commission of a robbery (Penal Law § 160.00; see People v Medina, 37 AD3d 240 [1st Dept 2007]; People v Cooper, 238 AD2d 194 [1st Dept 1997]).
discussed Cited "see, e.g." People v. Maurau
N.Y. App. Div. · 2014 · signal: see also · confidence medium
Accordingly, these items served to complete the narrative of the criminal transaction, were probative of the material issue of intent, and tended to refute defendant’s innocent explanation for the events that occurred in the jewelry store (see People v Alfaro, 19 NY3d 1075, 1076 [2012]; see also People v Medina, 37 AD3d 240, 242 [1st Dept 2007], lv denied 9 NY3d 847 [2007]).
discussed Cited "see, e.g." People v. McCallar
N.Y. App. Div. · 2008 · signal: see also · confidence medium
We conclude, however, that defendant received the requisite “ ‘fair notice of the accusations against him’ ” (People v Grega, 72 NY2d 489, 495 [1988]). “[Defendant was charged with accessorial liability for the [crimes] and was convicted ... as ... an accessory[,] . . . [and] the indictment properly provided fair notice that defendant was charged with accessorial liability in connection with the [crimes]” (People v Moore, 274 AD2d 959, 960 [2000], lv denied 95 NY2d 868 [2000]; see also People v Medina, 37 AD3d 240, 241 [2007], lv denied 9 NY3d 847 [2007]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Hector Medina
Appellate Division of the Supreme Court of the State of New York.
Feb 13, 2007.
37 A.D.3d 240
Cited by 14 opinions  |  Published

[*241] Judgment, Supreme Court, New York County (John Cataldo, J.), rendered August 7, 2002, as amended October 3, 2002, convicting defendant, after a jury trial, of burglary in the first degree and robbery in the first degree, and sentencing him to concurrent terms of seven years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There was no reasonable explanation for defendant’s conduct other than that he knowingly and intentionally acted as a getaway driver in a carefully planned home invasion robbery.

There was no unlawful variance between the indictment and the trial evidence. The People, who properly instructed the grand jury on accessorial liability, presented evidence to the grand jury that supported a reasonable inference that defendant was one of the persons who actually entered the victim’s apartment, and alternatively supported a reasonable inference that defendant acted in concert with such persons. In any event, even if we were to accept defendant’s argument that the grand jury evidence only supported a theory that defendant entered the apartment, whereas the trial evidence established that defendant’s only role was that of a getaway driver, defendant would not be entitled to any relief. There is “no legal distinction between liability as a principal or criminal culpability as an accomplice” (People v Rivera, 84 NY2d 766, 769 [1995]). The indictment did not limit the People to a particular factual theory as to defendant’s role in the crime (see People v Grega, 72 NY2d 489, 496-497 [1988]). Since there was no variance between the trial evidence and the language of the indictment, any discrepancy between the trial and grand jury evidence is irrelevant. Defendant is essentially challenging the sufficiency of the grand jury evidence to establish the particular acts subsequently proven at trial, and CPL 210.30 (6) forecloses ap[*242] pellate review of such a claim. Finally, we note that defendant received fair notice, both before and during trial, of the theory upon which the People were proceeding (see People v Foley, 210 AD2d 163 [1994], lv denied 85 NY2d 861 [1995]).

The court properly denied defendant’s suppression motion. The police conducted a lawful investigatory detention, fully supported by reasonable suspicion that defendant had been involved in a violent crime, and this detention was not transformed into an arrest when the police ordered defendant out of his vehicle, placed him on the ground in handcuffs, and held him for approximately 30 minutes, since all of these police actions were justified by the particular exigencies involved in the investigation (see People v Foster, 85 NY2d 1012 [1995]; People v Allen, 73 NY2d 378 [1989]; People v Pinkney, 156 AD2d 182 [1989], lv denied 75 NY2d 870 [1990]). After the victim arrived and made what the police reasonably believed, at the time, to be an identification of defendant as one of the men who entered his apartment and robbed him, this gave the police probable cause for an arrest (see generally People v Bigelow, 66 NY2d 417, 423 [1985]). Probable cause to arrest was not retroactively undermined when, long after defendant’s arrest, the victim denied having been able to identify him.

The court’s discretionary ruling to admit duct tape, a pry bar, and knit cap that the police found in defendant’s vehicle was proper. These items were capable of being used in a home invasion such as the instant crime, and. even though never actually used in this incident, their presence in defendant’s van provided circumstantial evidence he knowingly and intentionally acted as a getaway driver (see People v Ingram, 71 NY2d 474 [1988]). Even were these items viewed as uncharged crime evidence, they were not offered to show criminal propensity, and their probative value outweighed their prejudicial effect. The record also supports the court’s alternate conclusion that defendant opened the door to this evidence (see People v Mateo, 2 NY3d 383, 425 [2004]). Defendant did not preserve his argument that the court should have provided a limiting instruction and we decline to review it in the interest of justice. Were we to review this claim, we would find no basis for reversal.

There was a sufficient evidentiary predicate for a flight charge, and any ambiguity in defendant’s conduct was for the jury to consider (see People v Yazum, 13 NY2d 302, 304 [1963]).

Defendant’s remaining claims are similar to arguments that this Court rejected on a codefendant’s appeal (People v Gonzalez, 16 AD3d 283 [2005], lv denied 5 NY3d 766 [2005]), and we see no reason to rule differently herein. Concur—Saxe, J.B, Friedman, Marlow, Buckley and Sweeny, JJ.