From Casetext: Smarter Legal Research

People v. Valtin

Appellate Division of the Supreme Court of New York, First Department
Jun 19, 2001
284 A.D.2d 203 (N.Y. App. Div. 2001)

Summary

finding Valtin's conviction to be based on legally sufficient evidence and not materially affected by trial court's refusal to deliver consciousness of guilt instruction

Summary of this case from Valtin v. Hollins

Opinion

June 19, 2001.

Judgment, Supreme Court, New York County (Jeffrey Atlas, J.), rendered December 22, 1999, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second violent felony offender, to a term of 8 years, unanimously affirmed.

Sylvia Wertheimer, for respondent.

Jonathan M. Kirshbaum Manuel Valtin, pro se, for defendant-appellant.

Before: Sullivan, P.J., Nardelli, Ellerin, Buckley, Marlow, JJ.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning identification and credibility. There was ample evidence of the element of physical injury, including evidence that the victim's lip was bloody and swollen, that he received medical treatment, and that he experienced pain, dizziness and nausea for several days (see, People v. Guidice, 83 N.Y.2d 630, 636; People v. Spry, 232 A.D.2d 232, lv denied 89 N.Y.2d 930).

To the extent that certain evidence gave rise to an inference of consciousness of guilt, the court's refusal to deliver such an instruction does not warrant reversal because the purported consciousness of guilt evidence was a minor component of the People's case and the court's charge as a whole provided the jury with sufficient guidance on how to evaluate this evidence (see, People v. Johnson, 239 A.D.2d 123,lv denied 90 N.Y.2d 906).

We have considered and rejected defendant's remaining claims, including those contained in his pro se supplemental brief.


Summaries of

People v. Valtin

Appellate Division of the Supreme Court of New York, First Department
Jun 19, 2001
284 A.D.2d 203 (N.Y. App. Div. 2001)

finding Valtin's conviction to be based on legally sufficient evidence and not materially affected by trial court's refusal to deliver consciousness of guilt instruction

Summary of this case from Valtin v. Hollins
Case details for

People v. Valtin

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. MANUEL VALTIN…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 19, 2001

Citations

284 A.D.2d 203 (N.Y. App. Div. 2001)
728 N.Y.S.2d 435

Citing Cases

Valtin v. Hollins

After his conviction, Valtin appealed to the New York Supreme Court, Appellate Division, which affirmed…

People v. Cruz

Defendant's challenges to evidence concerning a knife found at the scene of the crime, to evidence of her…