People v. Davis, 273 A.D.2d 476 (N.Y. App. Div. 2000). · Go Syfert
People v. Davis, 273 A.D.2d 476 (N.Y. App. Div. 2000). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Smith (nyappdiv, 2017-02-01)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Smith
N.Y. App. Div. · 2017 · confidence medium
By pleading guilty, the defendant waived his claim that the evidence submitted to the grand jury was insufficient to support the indictment (see People v Kennington, 283 AD2d 658, 658 [2001]; People v Caleca, 273 AD2d 476, 476 [2000]).
discussed Cited as authority (rule) People v. Arias
N.Y. App. Div. · 2009 · confidence medium
The court’s jury charge concerning the defendant acting in concert with others was proper (see People v Rivera, 84 NY2d 766, 769 [1995]; People v Guidice, 83 NY2d 630, 636-637 [1994]; People v Monahan, 114 AD2d 380, 380-381 [1985]) and did not violate the defendant’s due process rights (see People v Davis, 273 AD2d 476, 476-477 [2000]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Eric Davis
Appellate Division of the Supreme Court of the State of New York.
Jun 26, 2000.
273 A.D.2d 476
2000 N.Y. App. Div. LEXIS 7331
Cited by 2 opinions  |  Published

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Giaccio, J.), rendered May 6, 1997, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The prosecution served a bill of particulars on the defendant, asserting that it would show that the defendant’s accomplice took the complainant’s money, assaulted him, and entered the defendant’s car. The bill of particulars further alleged that the defendant then pointed a gun at the complainant as he approached the car. In addition, the prosecution stated in the bill of particulars that it intended to prove that the defendant acted as both an accomplice and a principal. At trial, evidence was introduced that tended to show that the defendant himself took the money from, and then assaulted, the complainant. As a result, the defendant contends that he was prejudiced.

The prosecution, however, properly presented evidence at trial that the defendant robbed and assaulted the complainant, as there is no distinction between the criminal culpability that adheres to one who acts as a principal and one who acts as an accessory (see, People v Beckett, 186 AD2d 209). In addition, the defendant was not denied fair notice of the charges against[*477] him, as he received notice from the bill of particulars itself that the prosecution would be introducing evidence tending to establish that he acted as a principal (see, People v Rivera, 84 NY2d 766). As a result, the defendant suffered no prejudice, as the evidence adduced at trial established every element of the crimes charged (see, People v Turner, 187 AD2d 469).

The defendant’s remaining contention is without merit. Ritter, J. P., Sullivan, Florio and Feuerstein, JJ., concur.