Learn About the Law
Get help with your legal needs
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.
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. RICKIE J. ROBINSON, DEFENDANT–APPELLANT.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of grand larceny in the fourth degree (Penal Law §§ 20.00, 155.30 [1] ). We reject defendant's contention that the evidence is legally insufficient to establish that he intended to steal the property at issue or that the value of that property was greater than $1,000 (see generally People v. Danielson, 9 NY3d 342, 349; People v. Bleakley, 69 N.Y.2d 490, 495). Contrary to defendant's further contention, the testimony of an accomplice was adequately corroborated inasmuch as surveillance video footage, as well as the testimony of a store employee and a police officer who responded to the scene “ ‘tend[ed] to connect the defendant with the commission of the crime in such a way as [could] reasonably satisfy the jury that the accomplice [was] telling the truth’ “ (People v. Reome, 15 NY3d 188, 192, quoting People v. Dixon, 231 N.Y. 111, 116; see CPL 60.22[1] ). We conclude that, viewing the evidence in light of the elements of the crime as charged to the jury, the verdict is not against the weight of the evidence (see Danielson, 9 NY3d at 349; see generally Bleakley, 69 N.Y.2d at 495).
Although we agree with defendant that County Court abused its discretion in refusing to admit in evidence a noncollateral prior inconsistent statement of an accomplice who testified for the prosecution (see People v. Duncan, 46 N.Y.2d 74, 80, rearg. denied 46 N.Y.2d 940, cert denied 442 U.S. 910), we conclude that the error “is harmless inasmuch as the evidence of defendant's guilt is overwhelming, and there is no significant probability that defendant otherwise would have been acquitted” (People v. Cartledge, 50 AD3d 1555, 1555–1556, lv denied 10 NY3d 957; see generally People v. Crimmins, 36 N.Y.2d 230, 241–242). Likewise, to the extent that the court erred in refusing to admit in evidence a notarized document signed by an accomplice, we conclude that the error is harmless (see Cartledge, 50 AD3d at 1555–1556; see generally Crimmins, 36 N.Y.2d at 241–242).
Defendant contends that he was deprived of a fair trial by prosecutorial misconduct based on two comments made by the prosecutor on summation. Defendant's challenge to the first comment is unpreserved for our review inasmuch as defendant's “objection[ ] w[as] sustained without any request for a curative instruction and the court is thus deemed to have corrected any error to defendant's satisfaction” (People v. Ennis, 107 AD3d 1617, 1620). We decline to exercise our power to review defendant's contention with respect to that comment as a matter of discretion in the interest of justice (see CPL 470.15[6][a] ). Although we agree with defendant that the prosecutor's second comment impermissibly shifted the burden of proof, we conclude that the comment “w[as] not so ․ egregious as to deny defendant a fair trial” (People v. Rogers, 103 AD3d 1150, 1153–1154, lv denied 21 NY3d 946). Furthermore, “the court clearly and unequivocally instructed the jury that the burden of proof on all issues remained with the prosecution” (People v. Pepe, 259 A.D.2d 949, 950, lv denied 93 N.Y.2d 1024).
Frances E. Cafarell
Clerk of the Court
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.
Docket No: KA 11–02183
Decided: November 08, 2013
Court: Supreme Court, Appellate Division, Fourth Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
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.
Search our directory by legal issue
Enter information in one or both fields (Required)