From Casetext: Smarter Legal Research

People v. Nelson

Supreme Court, Appellate Division, First Department, New York.
May 5, 2016
139 A.D.3d 436 (N.Y. App. Div. 2016)

Opinion

1379/10, 1056, 1177/08.

05-05-2016

The PEOPLE of the State of New York, Respondent, v. Fred NELSON, Defendant–Appellant.

  Robert S. Dean, Center for Appellate Litigation, New York (Claudia B. Flores of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Lee M. Pollack of counsel), for respondent.


Robert S. Dean, Center for Appellate Litigation, New York (Claudia B. Flores of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Lee M. Pollack of counsel), for respondent.

SWEENY, J.P., ACOSTA, MANZANET–DANIELS, GISCHE, GESMER, JJ.

Judgments, Supreme Court, New York County (Michael R. Sonberg, J.), rendered December 23, 2013, convicting defendant, after a jury trial, of assault in the second degree, tampering with physical evidence and criminal possession of a weapon in the fourth degree, and upon his plea of guilty, of bail jumping in the second degree, and sentencing him to an aggregate term of five years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). With regard to the assault conviction, the evidence amply established that defendant caused physical injury to a police officer (see e.g. People v. Martinez, 90 A.D.3d 409, 933 N.Y.S.2d 285 [1st Dept.2011], lv. denied 18 N.Y.3d 960, 944 N.Y.S.2d 488, 967 N.E.2d 713 [2012] ). With regard to the tampering conviction, the evidence supports an inference that defendant destroyed his own phone because he believed it contained evidence that would be used against him (see People v. Atkins, 95 A.D.3d 731, 945 N.Y.S.2d 82 [1st Dept.2012], lv. denied 19 N.Y.3d 994, 951 N.Y.S.2d 470, 975 N.E.2d 916 [2012] ). With regard to the weapon conviction, the evidence established that defendant constructively possessed the gravity knife found near his feet in the car he had been driving for 3 days when arrested, regardless of the ownership of the car (see People v. Soto, 69 A.D.3d 531, 896 N.Y.S.2d 7 [1st Dept.2010], lv. denied 14 N.Y.3d 893, 903 N.Y.S.2d 781, 929 N.E.2d 1016 [2010] ). We perceive no basis for reducing the sentence.


Summaries of

People v. Nelson

Supreme Court, Appellate Division, First Department, New York.
May 5, 2016
139 A.D.3d 436 (N.Y. App. Div. 2016)
Case details for

People v. Nelson

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Fred NELSON…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: May 5, 2016

Citations

139 A.D.3d 436 (N.Y. App. Div. 2016)
29 N.Y.S.3d 374
2016 N.Y. Slip Op. 3581

Citing Cases

People v. Nelson

Judge: Decision Reported Below: 1st Dept: 139 AD3d 436 (NY)…

People v. Barthel

It is also undisputed that defendant drove that vehicle - with the gun inside - at one point during the crime…