People v. Spears, 125 A.D.3d 1401 (N.Y. App. Div. 4th Dep't 2015). · Go Syfert
People v. Spears, 125 A.D.3d 1401 (N.Y. App. Div. 4th Dep't 2015). Cases Citing This Book View Copy Cite
28 citation events (28 in the last 25 years) across 1 distinct court.
Treatment trajectory · 2015 → 2026 · click a year to view as-of
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Cited for
At page 1402 Preserving contentions and sufficiency of evidence19 citing cases“failed to object to the alleged repugnancy of the verdict before the jury was discharged”4 citing courts quote it · 13 listed here
  • People v. Franco, 2024 NY Slip Op 01643 (N.Y. App. Div. 4th Dep't 2024).published
    As defendant correctly concedes, defendant's contention that the verdict is repugnant is unpreserved for our review because defendant failed to raise it before the jury was discharged ( see People v Pearson , 192 AD3d 1555, 1556 [4th Dept…
  • People v. Santiago, 147 N.Y.S.3d 848 (N.Y. App. Div. 4th Dep't 2021).published
    Because the People presented no direct or circumstantial evidence that the firearm was loaded, we conclude that the evidence is legally insufficient to support the conviction for CPW in the second degree ( see People v Smith , 155 AD2d 704…
  • People v. Mateo, 148 N.Y.S.3d 553 (N.Y. App. Div. 4th Dep't 2021).published
    Insofar as defendant contends that the conviction of the weapon charge is repugnant to the acquittal of the other charges in the indictment, defendant failed to raise that contention before the jury was discharged, and thus he failed to pr…
  • People v. Magee, 123 N.Y.S.3d 310 (N.Y. App. Div. 4th Dep't 2020).published
    Insofar as defendant contends that the People failed to present legally sufficient evidence establishing that the handgun allegedly in his possession was operable and loaded with live ammunition, we conclude that he failed to preserve that…
  • People v. Redmond, 182 A.D.3d 1020 (N.Y. App. Div. 4th Dep't 2020).published
    We agree with defendant that his conviction of that crime required proof that he possessed a firearm that was both operable and loaded with live ammunition ( see Penal Law § 265.03 [3]; People v Longshore , 86 NY2d 851, 852 [1995]; People…
  • People v. Baldwin, 2019 NY Slip Op 4829 (N.Y. App. Div. 4th Dep't 2019).published
    Defendant failed to preserve that contention for our review because he "failed to object to the alleged repugnancy of the verdict before the jury was discharged" ( People v Spears , 125 AD3d 1401, 1402 [4th Dept 2015], lv denied 25 NY3d 11…
  • People v. Williams, 151 A.D.3d 1834 (N.Y. App. Div. 4th Dep't 2017).published
    The People presented testimony establishing that defendant was observed carrying “something black,” which appeared to be a gun, immediately before two witnesses heard several gunshots emanating from his direction (see People v Spears, 125…
  • People v. Huitt, 149 A.D.3d 1481 (N.Y. App. Div. 4th Dep't 2017).published 3 cites
    The People presented the testimony of an eyewitness who observed defendant fire a handgun at the victim, as well as testimony establishing that the handgun used in the crime was recovered and operable (see generally People v Hailey, 128 AD…
  • People v. Butler, 148 A.D.3d 1540 (N.Y. App. Div. 4th Dep't 2017).published 2 cites
    Despite the lack of forensic evidence, “the People supplied the necessary proof through circumstantial evidence, i.e., eyewitness testimony and surrounding circumstances” (People v Spears, 125 AD3d 1401, 1402 [2015], lv denied 25 NY3d 1172…
  • People v. Madore, 145 A.D.3d 1440 (N.Y. App. Div. 4th Dep't 2016).published 2 cites
    Defendant failed to preserve that contention for our review because he “failed to object to the alleged repugnancy of the verdict before the jury was discharged” (People v Spears, 125 AD3d 1401, 1402 [2015], lv denied 25 NY3d 1172 [2015]).
Show 3 more citing cases
  • People v. Machado, 144 A.D.3d 1633 (N.Y. App. Div. 4th Dep't 2016).published 2 cites
    Here, the People estab lished through circumstantial evidence that the weapon was a dangerous instrument inasmuch as it was loaded and operable (see People v Spears, 125 AD3d 1401, 1402 [2015], lv denied 25 NY3d 1172 [2015]).
  • People v. Coleman, 134 A.D.3d 1555 (N.Y. App. Div. 4th Dep't 2015).published 2 cites
    Defendant also failed to preserve for our review his contention in his pro se supplemental brief that the court erred in its charge to the jury (see People v Humphrey, 109 AD3d 1173 , 1174 [2013], lv denied 24 NY3d 1044 [2014]), as well as…
  • People v. Davey, 134 A.D.3d 1448 (N.Y. App. Div. 4th Dep't 2015).published
    Defendant’s further contention that the verdict is repugnant is not preserved for our review because he did not object to the verdict on that ground before the jury was discharged (see People v Satloff, 56 NY2d 745, 746 [1982], rearg denie…
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Lonnie Spears
Appellate Division of the Supreme Court of the State of New York.
Feb 6, 2015.
Published opinion
125 A.D.3d 1401
Cited by 25 opinions  |  Published

Appeal from a judgment of the Supreme Court, Erie County (Christopher J. Burns, J.), rendered November 13, 2012. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree.

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

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). Defendant was indicted for his alleged involvement in a robbery and burglary, but the jury convicted him only of the single weapons count.

[*1402] Defendant made only a general motion to dismiss the indictment for “facial insufficiency,” and he thus failed to preserve for our review the contentions he now advances on appeal (see People v Gray, 86 NY2d 10, 20-21 [1995]; People v Morris, 217 AD2d 941, 941 [1995], lv denied 87 NY2d 849 [1995]; see generally CPL 200.50 [7]), and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see CPL 470.15 [6] [a]). In addition, defendant’s contention that the indictment did not adequately specify the county in which the alleged crime occurred is raised for the first time in his reply brief and is therefore not properly before us (see Matter of Sedita v Sacha, 99 AD3d 1259, 1260 [2012]).

Defendant contends that the evidence is not legally sufficient to support the conviction inasmuch as the People failed to adduce any evidence at trial that the firearm at issue was operable and loaded with live ammunition. That contention is not preserved for our review (see Gray, 86 NY2d at 19) and, in any event, lacks merit. Although the firearm was never recovered, we conclude that the People supplied the necessary proof through circumstantial evidence, i.e., “eyewitness testimony and surrounding circumstances” (People v Samba, 97 AD3d 411, 414 [2012], lv denied 20 NY3d 1065 [2013]). Viewing the evidence in light of the elements of the crime as charged to the jury, we reject defendant’s further contention that the verdict is against the weight of the evidence (see People v Danielson, 9 NY3d 342, 349 [2007]; People v Bleakley, 69 NY2d 490, 495 [1987]).

Defendant failed to preserve for our review his further contention that the verdict is repugnant inasmuch as he failed to object to the alleged repugnancy of the verdict before the jury was discharged (see People v Ali, 89 AD3d 1417, 1420 [2011], lv denied 18 NY3d 922 [2012]; see also People v Lurcock, 219 AD2d 797, 798 [1995], lv denied 88 NY2d 881 [1996]). In any event, we conclude that the contention lacks merit (see People v Tucker, 55 NY2d 1, 7 [1981], rearg denied 55 NY2d 1039 [1982]; People v McLaurin, 50 AD3d 1515, 1516 [2008]; see also People v Clanton, 19 AD3d 1035, 1035-1036 [2005], lv denied 5 NY3d 804 [2005]).

The sentence is not unduly harsh or severe. We have examined defendant’s remaining contentions and conclude that they lack merit. Present — Centra, J.P., Fahey, Valentino, Whalen and DeJoseph, JJ.