People v. Morales, 309 A.D.2d 1065 (N.Y. App. Div. 2003). · Go Syfert
People v. Morales, 309 A.D.2d 1065 (N.Y. App. Div. 2003). Cases Citing This Book View Copy Cite
12 citation events (12 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 11 distinct citers. How cited ↗
cited Cited as authority (rule) People v. Khalil
N.Y. App. Div. · 2022 · confidence medium
This contention is without merit ( see People v Morales , 309 AD2d 1065, 1066 [2003], lv denied 1 NY3d 576 [2003]).
discussed Cited as authority (rule) People v. Palmer
N.Y. App. Div. · 2018 · confidence medium
Evidence surrounding the prior shooting was not admitted as a Molineux exception, but constitutes additional evidence of the charged crime of conspiracy as evidence of an overt act committed by defendant in furtherance of the conspiracy to commit murder ( see Penal Law § 105.15; People v Cochran , 140 AD3d 1198, 1200-1201 [2016], lvs denied 28 NY3d 970 [2016]; People v Morales , 309 AD2d 1065, 1066 [2003], lv denied 1 NY3d 576 [2003]).
discussed Cited as authority (rule) People v. Portis
N.Y. App. Div. · 2015 · confidence medium
Because the indictment provided extensive detail as to the scope and nature of the charged conspiracy, however, evidence of related overt acts was properly admitted “even though they amount [ed] to uncharged crimes” (People v Snagg, *1303 35 AD3d 1287 , 1288 [2006], lv denied 8 NY3d 950 [2007]; see People v Ribowsky, 77 NY2d 284, 292-293 [1991]; People v Morales, 309 AD2d 1065, 1066 [2003], lv denied 1 NY3d 576 [2003]).
discussed Cited as authority (rule) People v. Pope
N.Y. App. Div. · 2012 · confidence medium
County Court correctly determined that testimony regarding the men who were seen trying to enter the apartment did not address an uncharged attempted robbery; instead, the events in question were part of the crimes at issue and were directly relevant to defendant’s intent to use the shotgun “unlawfully against another” (Penal Law § 265.03 [1] [b]; compare People v Marshall, 65 AD3d 710 , 712 [2009], lv denied 13 NY3d 940 [2010]; People v Gilbo, 28 AD3d 945, 945-946 [2006], lv denied 7 NY3d 756 [2006]; People v Morales, 309 AD2d 1065, 1066 [2003], lv denied 1 NY3d 576 [2003]).
discussed Cited as authority (rule) People v. Pope
N.Y. App. Div. · 2012 · confidence medium
County Court correctly determined that testimony regarding the men who were seen trying to enter the apartment did not address an uncharged attempted robbery; instead, the events in question were part of the crimes at issue and were directly relevant to defendant’s intent to use the shotgun “unlawfully against another” (Penal Law § 265.03 [1] [b]; compare People v Marshall, 65 AD3d 710 , 712 [2009], lv denied 13 NY3d 940 [2010]; People v Gilbo, 28 AD3d 945, 945-946 [2006], lv denied 7 NY3d 756 [2006]; People v Morales, 309 AD2d 1065, 1066 [2003], lv denied 1 NY3d 576 [2003]).
discussed Cited as authority (rule) People v. Nelson
N.Y. App. Div. · 2009 · confidence medium
Although the People’s March 2003 announcement of readiness for trial was ineffective as to the new crimes subsequently charged in the indictment (see People v Johnson, 112 AD2d 1, 1 [1985], lv denied 66 NY2d 764 [1985]; People v Cruz, 111 AD2d 725, 726 [1985], lvs denied 66 NY2d 614 [1985], 67 NY2d 650 [1985]; see generally People v Kendzia, 64 NY2d 331 [1985]), it satisfied their obligations with respect to the three counts of sodomy in the first degree contained in the indictment, since those counts were “ ‘directly derived’ ” from the felony complaint (People v Sinistaj, 67 NY2d a…
discussed Cited as authority (rule) People v. Davis
N.Y. App. Div. · 2007 · confidence medium
Under the circumstances of this case, the defendant’s right to a public trial was not violated by the court’s exclusion of the defendant’s four-year-old child (see People v Morales, 309 AD2d 1065, 1066 [2003]; People v Daniels, 237 AD2d 529 [1997]).
discussed Cited as authority (rule) People v. Niver
N.Y. App. Div. · 2007 · confidence medium
Contrary to defendant’s assertion, this statement of readiness was not rendered illusory by the People’s motion to amend the indictment (see People v Morales, 309 AD2d 1065, 1066 [2003], lv denied 1 NY3d 576 [2003]).
discussed Cited as authority (rule) People v. Snagg
unknown court · 2006 · confidence medium
Moreover, evidence of those overt acts, even though they amount to uncharged crimes, may be adduced at defendant’s trial for conspiracy without violating the Molineux rule (see People v Morales, 309 AD2d 1065,1066 [2003], lv denied 1 NY3d 576 [2003], citing Ribowsky, 77 NY2d at 292-293 ; see also People v McKnight, 281 AD2d 293 [2001], lv denied 96 NY2d 865 , 904 [2001]; People v Jimenez, 281 AD2d 176 [2001], lv denied 96 NY2d 830 [2001]).
discussed Cited as authority (rule) People v. Dunton
N.Y. App. Div. · 2006 · confidence medium
Although the People did not file their statement of readiness until approximately 233 days following the commencement of the criminal proceeding, the 98 days encompassed by pretrial motions is properly excludable (see People v Judkins, 210 AD2d 523, 525 [1994], lv denied 85 NY2d 939 [1995]) and, thus, the People’s statement of readiness was timely (see People v Morales, 309 AD2d 1065, 1065-1066 [2003], lv denied 1 NY3d 576 [2003]).
discussed Cited as authority (rule) People v. Berry
N.Y. App. Div. · 2004 · confidence medium
Since all charges in the superseding indictment were based on the same facts as the original indictment and proof of the original charges would also establish the additional charges, we conclude that the People’s first statement of readiness also satisfied the speedy trial requirement with regard to the superseding indictment (see People v Morales, 309 AD2d 1065, 1066 [2003], lv denied 1 NY3d 576 [2003]; People v Brickley, 306 AD2d 551, 553 [2003], lv denied 100 NY2d 641 [2003]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Carlos Lewis Morales, Jr.
Appellate Division of the Supreme Court of the State of New York.
Oct 30, 2003.
309 A.D.2d 1065
III.
Cited by 12 opinions  |  Published
Crew III, J.

Appeal from a judgment of the County Court of Broome County (Mathews, J.), rendered February 17, 1998, upon a verdict convicting defendant of the crime of conspiracy in the second degree.

Defendant appeals from his conviction and sentence, after trial, of conspiracy in the second degree for which he was sentenced, as a second felony offender, to an indeterminate term of imprisonment of 12 V2 to 25 years. Defendant initially contends that his right to a speedy trial was violated in that the People’s announcement of readiness as to the original indictment was illusory, thereby necessitating the filing of a superseding indictment. We disagree.

The record reflects that defendant was arrested and arraigned on a felony complaint on July 13, 1996. Thereafter, he was indicted and arraignment was scheduled for December 16,[*1066] 1996. At defense counsel’s request, the arraignment was rescheduled to January 7, 1997, at which time defendant was arraigned and the People filed a notice of readiness for trial. The People subsequently filed a superseding indictment, upon which defendant was arraigned on June 9, 1997, at which time the People filed a second notice of readiness for trial.

County Court found, and the record reflects, that the People were chargeable with 156 days of delay constituting the period between defendant’s arraignment on the felony complaint and his scheduled arraignment on the indictment on December 16, 1996. The ensuing delay to January 7, 1997 was chargeable to defendant, who had requested an adjournment of the scheduled arraignment. Accordingly, the People were ready for trial well within the required 180-day period (see CPL 30.30). Defendant argues, however, that upon the filing of the superseding indictment, the People somehow became “unready.” We disagree. Absent any demonstration of postreadiness delay, and there is none here, it is clear that a superseding indictment relates back to the commencement of the criminal proceeding for purposes of the six-month readiness rule (see People v Sinistaj, 67 NY2d 236, 239 [1986]).

Next, defendant contends that County Court erred in admitting testimony regarding an uncharged crime in violation of the Molineux/Ventimiglia requirements. Again, we disagree. Contrary to defendant’s assertion, the uncharged crime evidence of which he complains was not admitted as a Molineux exception but, rather, as evidence of an overt act committed by defendant in furtherance of the conspiracy. It is axiomatic that evidence of overt acts not charged in the indictment may be introduced at trial, provided “the indictment provides sufficient detail about the scope and nature of the conspiracy and the major overt acts committed in furtherance of it” (People v Ribowsky, 77 NY2d 284, 292-293 [1991]).

We likewise find without merit defendant’s contention that he was denied his constitutional right to a public trial when members of a codefendant’s family were excluded from the courtroom. The record reflects that a court officer advised the wife of a codefendant that she could not bring her three-year-old toddler into the courtroom because the child might make disruptive noise; the wife made clear, however, that she was not excluded from the courtroom. The record also reflects that the court officer acted in accordance with a policy established by County Court. Quite clearly, the court was authorized to preserve order and decorum in the courtroom, and its policy here was not violative of defendant’s constitutional rights (see [*1067] People v Daniels, 237 AD2d 529 [1997], lvs denied 90 NY2d 857, 1010 [1997]). We have considered defendant’s remaining contentions, including his assertion that the conviction is not supported by legally sufficient evidence and is against the weight of the evidence, and find them equally without merit.

Cardona, P.J., Mercure, Peters and Lahtinen, JJ., concur. Ordered that the judgment is affirmed.