People v. Watson, 284 A.D.2d 212 (N.Y. App. Div. 2001). · Go Syfert
People v. Watson, 284 A.D.2d 212 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
6 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Francois (nyappdiv, 2026-05-13)
Top citers, strongest first. 3 distinct citers. How cited ↗
examined Cited as authority (rule) People v. Francois (3×)
N.Y. App. Div. · 2026 · confidence medium
Rather, "there need not be juror unanimity as to the particular method by which the larceny was committed" ( People v Ponnanpula , 229 AD2d 257, 273; see Penal Law § 155.45[2]; People v Tighe , 2 AD3d 1364, 1365; People v Watson , 284 AD2d 212, 212).
discussed Cited as authority (rule) People v. Davis
N.Y. App. Div. · 2016 · confidence medium
Defendant’s argument that the counts charging possession of stolen property, relating to the eight stolen MetroCards, are not joinable under CPL 200.20 (2) (c) with the counts charging robbery and assault, is not preserved (see CPL 470.05 [2]; People v Watson, 284 AD2d 212, 213 [1st Dept 2001], lv denied 97 NY2d 643 [2001]), and we decline to review it in the interests of justice.
discussed Cited as authority (rule) People v. Tighe
N.Y. App. Div. · 2003 · confidence medium
The first count of the indictment was not duplicitous (see generally CPL 200.30 [1]; People v Davis, 72 NY2d 32, 38 [1988]) by virtue of the fact that it might have been interpreted as alleging both larceny by false pretenses and larceny by false promise (see People v Watson, 284 AD2d 212, 213 [2001], lv denied 97 NY2d 643 [2001]; People v Pillich, 207 AD2d 1004 [1994], lv denied 84 NY2d 938 [1994]; People v Cannon, 194 AD2d 496,498-499 [1993], lv denied 82 NY2d 715 [1993]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Joseph Watson
Appellate Division of the Supreme Court of the State of New York.
Jun 19, 2001.
284 A.D.2d 212
Cited by 2 opinions  |  Published

—Judgment, Supreme Court, Bronx County (Robert Seewald, J.), rendered April 16, 1998, convicting defendant, after a jury trial, of grand larceny in the third degree and criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 3V2 to 7 years and 2 to 4 years,[*213] respectively, and ordering him to make restitution, and order, same court and Justice, entered February 19, 1999, which denied defendant’s motion pursuant to CPL 440.10 to vacate the judgment, unanimously affirmed.

Where the grand larceny count of the indictment did not specify a theory of larceny, and the court instructed the jury as to the theories of larceny by false promise and false pretense, the court properly determined that there was no basis for submission of a special verdict sheet distinguishing between these two theories. A conviction of larceny, whether by false promise or false pretense, constitutes only one offense (Penal Law § 155.45 [1]; People v Ponnapula, 229 AD2d 257, 273; People v Pillich, 207 AD2d 1004, lv denied 84 NY2d 938). Thus, juror unanimity is not required as to the particular method by which the larceny was committed (People v Sullivan, 173 NY 122, 127; People v Ponnapula, supra). Accordingly, there was no basis upon which to submit a special verdict sheet (compare, People v Ribowsky, 77 NY2d 284, 290-291). Defendant’s claims that submission of a verdict sheet that failed to require unanimity as to a specific theory of larceny violated his constitutional due process rights and the statutory prohibition of duplicitous counts are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the grand larceny count was not duplicitous (People v Ponnapula, supra), and that there is nothing in Schad v Arizona (501 US 624) that would require reversal.

Defendant’s claim that the two offenses with which he was charged were improperly joined in a single indictment is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that joinder was proper under CPL 200.20 (2) (b) since the proof regarding the offenses was interwoven and the same testimony and evidence were probative of both crimes.

Summary denial of defendant’s CPL 440.10 motion was proper since it raised issues that may be reviewed on direct appeal (see, CPL 440.10 [2] [b]). Denial of defendant’s motion insofar as it alleged prosecutorial misconduct and impairment of the Grand Jury proceedings was an appropriate exercise of discretion since the motion was made upon conclusory and otherwise unsupported claims (People v Brown, 56 NY2d 242). Concur — Rosenberger, J. P., Williams, Tom, Wallach and Friedman, JJ.