PEOPLE v. VICK

Reset A A Font size: Print

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

The PEOPLE of the State of New York, Respondent, v. Bradley VICK, Defendant-Appellant.

Decided: June 30, 2005

SAXE, J.P., ELLERIN, SWEENY, CATTERSON, JJ. Stanley Neustadter and Bobbi C. Sternheim, Cardozo Appeals Clinic, New York (Daniel V. Grusenmeyer, Jr. of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Dana Poole of counsel), for respondent.

Judgment, Supreme Court, New York County (James A. Yates, J.), rendered February 5, 2003, convicting defendant, after a jury trial, of promoting prostitution in the second degree and criminal possession of stolen property in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.

The verdict convicting defendant of criminal possession of stolen property in the second degree 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 [1987] ).   Under the evidence adduced at trial, and under the law as charged by the court (see People v. Noble, 86 N.Y.2d 814, 633 N.Y.S.2d 469, 657 N.E.2d 490 [1995] ), the jury properly concluded that the value of the stolen casino chips was more than $50,000.

The court properly denied defendant's motion to sever the promoting prostitution and possession of stolen property counts, since these counts were properly joined under CPL 200.20(2)(b).  The record clearly establishes that these offenses were inextricably interwoven (see e.g. People v. Steinberg, 170 A.D.2d 50, 72-74, 573 N.Y.S.2d 965 [1991], affd. 79 N.Y.2d 673, 584 N.Y.S.2d 770, 595 N.E.2d 845 [1992] ).

We have considered and rejected defendant's remaining arguments.