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The PEOPLE of the State of New York, Respondent, v. Eugene YOUNGBLOOD, Defendant-Appellant.
Judgment, Supreme Court, Bronx County (Frank Torres, J.), rendered September 11, 1997, convicting defendant, after a jury trial, of two counts of robbery in the first degree, and sentencing him, as a second violent felony offender, to consecutive terms of 12 1/212 to 25 years, unanimously affirmed.
The verdict was based on sufficient evidence and was not against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490, 515 N.Y.S.2d 761, 508 N.E.2d 672).
Contrary to defendant's argument, the use of the less than optimally specific term “knife” in the indictment to describe the deadly weapon allegedly utilized by defendant in committing the charged robberies did not render the indictment jurisdictionally defective (see People v. Singleton, 72 N.Y.2d 845, 531 N.Y.S.2d 798, 527 N.E.2d 281; People v. Delacruz, 247 A.D.2d 223, 669 N.Y.S.2d 267).
The trial court properly permitted the People to introduce evidence of uncharged criminal conduct since such conduct clearly and convincingly demonstrated a unique modus operandi and was thus relevant to establishing defendant's identity as the perpetrator of the charged robberies (see People v. Martinez, 237 A.D.2d 217, 655 N.Y.S.2d 33, lv. denied 90 N.Y.2d 941, 664 N.Y.S.2d 760, 687 N.E.2d 657).
We have considered defendant's remaining contentions and find them unavailing.
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Decided: April 03, 2003
Court: Supreme Court, Appellate Division, First Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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