From Casetext: Smarter Legal Research

People v. Goico

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 2003
303 A.D.2d 1030 (N.Y. App. Div. 2003)

Opinion

KA 02-00210

March 21, 2003.

Appeal from a judgment of Oneida County Court (Donalty, J.), entered August 7, 2001, convicting defendant after a jury trial of criminal possession of a weapon in the third degree.

V. MICHAEL LICCIONE, WHITESBORO, For Defendant-appellant.

MICHAEL A. ARCURI, DISTRICT ATTORNEY, UTICA (CARL J. BOYKIN Of Counsel), For Plaintiff-respondent.

PRESENT: WISNER, J.P., HURLBUTT, SCUDDER, KEHOE, AND LAWTON, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him of criminal possession of a weapon in the third degree (Penal Law § 265.02 [former (4)]) and sentencing him to a determinate term of incarceration of seven years followed by a three-year period of postrelease supervision. We reject defendant's contention that County Court was obligated to conduct a Rodriguez hearing (see People v. Rodriguez, 79 N.Y.2d 445, 451-453) in addition to the Wade hearing conducted by the court. We reject defendant's further contention that the photo array procedure was unduly suggestive (see People v. Merriweather, 298 A.D.2d 950, lv denied 99 N.Y.2d 561; People v. Bell, 265 A.D.2d 813, lv denied 94 N.Y.2d 916). Finally, we conclude that the sentence is not unduly harsh or severe.


Summaries of

People v. Goico

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 21, 2003
303 A.D.2d 1030 (N.Y. App. Div. 2003)
Case details for

People v. Goico

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, Plaintiff-respondent v. PABLO GOICO…

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

Date published: Mar 21, 2003

Citations

303 A.D.2d 1030 (N.Y. App. Div. 2003)
756 N.Y.S.2d 816

Citing Cases

People v. Quinones

The purpose of a Rodriguez hearing is to establish that an identification is confirmatory when the court…

Goico v. David

On direct appeal, the Appellate Division rejected the argument that the trial court was required to hold a…