PEOPLE v. GARCIA (1998)

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

The PEOPLE of the State of New York, Respondent, v. Manuel GARCIA, Defendant-Appellant.

Decided: December 08, 1998

MILONAS, J.P., NARDELLI, WILLIAMS, TOM and ANDRIAS, JJ.

Penny Rosenberg, for Respondent. Paul Liu, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Bernard Fried, J.), rendered July 12, 1996, convicting defendant, after a jury trial, of attempted murder in the second degree (2 counts) and riot in the first degree, and sentencing him to consecutive terms of 8 1/313 to 25 years and 8 to 24 years on the attempted murder convictions, to run concurrently with a term of 1 1/313 to 4 years on the riot conviction, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the determinations of the jury concerning credibility and reliability of identification and alibi testimony.

The prosecutor could properly comment on summation as to the failure of defendant, who called witnesses in his defense, to call certain other significant witnesses (People v. Tankleff, 84 N.Y.2d 992, 994, 622 N.Y.S.2d 503, 646 N.E.2d 805).

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Out of date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!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law