From Casetext: Smarter Legal Research

People v. Catter

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 1997
237 A.D.2d 526 (N.Y. App. Div. 1997)

Opinion

March 24, 1997.

Appeal by the defendant from (1) a judgment of the Supreme Court, Nassau County (Thorp, J.), rendered April 13, 1994, convicting him of robbery in the first degree (two counts), criminal possession of a weapon in the second degree, and conspiracy in the fourth degree, upon a jury verdict, and imposing sentence, and (2), by permission, from an order of the County Court, Nassau County (Wexner, J.), entered December 4, 1995, which, without a hearing, denied his motion pursuant to CPL 440.10 to vacate the judgment of conviction.

Before: Sullivan, J. P., Santucci, Friedmann and McGinity, JJ.


Ordered that the judgment and order are affirmed.

"If the undisputed evidence establishes that a witness is an accomplice, the jury must be so instructed but, if different inferences may reasonably be drawn from the proof regarding complicity * * * the question should be left to the jury for its determination" ( People v Basch, 36 NY2d 154, 157; see, People v Sweet, 78 NY2d 263; People v Cody, 190 AD2d 684). Contrary to the defendant's contention, in the instant case it was appropriate for the court to instruct the jury to determine whether a prosecution witness was an accomplice. Further, there is no merit to the defendant's contention that there was insufficient nonaccomplice evidence to support his conviction ( see, People v Daniels, 37 NY2d 624; People v Ascheim, 144 AD2d 680).

Additionally, it was not error for the court to deny the defendant's motion pursuant to CPL 440'.10 without a hearing ( see, People v Satterfield, 66 NY2d 796; People v Robinson, 211 AD2d 733).

The defendant's remaining contentions lack merit.


Summaries of

People v. Catter

Appellate Division of the Supreme Court of New York, Second Department
Mar 24, 1997
237 A.D.2d 526 (N.Y. App. Div. 1997)
Case details for

People v. Catter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AL CATTER, Appellant

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

Date published: Mar 24, 1997

Citations

237 A.D.2d 526 (N.Y. App. Div. 1997)
656 N.Y.S.2d 902

Citing Cases

People v. Shelton

Specifically, she testified that she was aware that one of the members of the group had been carrying a gun,…

People v. Cirigliano

Accordingly, that branch of the motion was properly denied. Moreover, there is no merit to the defendant's…