PEOPLE v. HERRERA (1997)

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

The PEOPLE of the State of New York, Respondent, v. Juan HERRERA, Defendant-Appellant.

Decided: December 02, 1997

Before ROSENBERGER, J.P., and ELLERIN, NARDELLI, WILLIAMS and ANDRIAS, JJ.

David M. Cohn, for Respondent. Jeffrey D. Pariser, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered April 13, 1993, convicting defendant, after a jury trial, of murder in the second degree and arson in the second degree, and sentencing him, as a second violent felony offender, to consecutive terms of 25 years to life and 12 1/2 to 25 years, respectively, unanimously affirmed.

The court properly admitted testimony that defendant made a threatening gesture to a prosecution witness during a break in that witness's testimony (People v. Plummer, 36 N.Y.2d 161, 365 N.Y.S.2d 842, 325 N.E.2d 161). The throat-slitting gesture was highly probative of defendant's consciousness of guilt and was admissible irrespective of the possibility of innocent explanations (People v. Yazum, 13 N.Y.2d 302, 246 N.Y.S.2d 626, 196 N.E.2d 263).

The defendant's claim on appeal concerning the court's Sandoval ruling is unpreserved and we decline to review it.

We perceive no abuse of sentencing discretion.

MEMORANDUM DECISION.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network