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People v. McRae

Appellate Division of the Supreme Court of New York, First Department
Oct 17, 2000
276 A.D.2d 332 (N.Y. App. Div. 2000)

Opinion

October 17, 2000.

Judgment, Supreme Court, New York County (Micki Scherer, J.), rendered October 20, 1997, convicting defendant, after a jury trial, of six counts of robbery in the first degree and four counts of criminal possession of a weapon in the fourth degree, and sentencing him, as a second violent felony offender, to an aggregate term of 45 years, unanimously affirmed.

Vincent Rivellese, for respondent.

Kristina Schwarz, for defendant-appellant.

Before: Sullivan, P.J., Rosenberger, Mazzarelli, Rubin, Buckley, JJ.


Since the various robberies of which defendant was convicted shared sufficiently distinctive circumstances so that the overall pattern tended to prove that the same person committed all of the crimes (see, People v. Beam, 57 N.Y.2d 241, 251-252; People v. Allweiss, 48 N.Y.2d 40, 47-48), the prosecutor was properly permitted to make such an argument in summation. The crimes were committed within a period of 72 hours in similar buildings in the same neighborhood, and there were striking similarities in the manner in which they were committed.

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. McRae

Appellate Division of the Supreme Court of New York, First Department
Oct 17, 2000
276 A.D.2d 332 (N.Y. App. Div. 2000)
Case details for

People v. McRae

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. CALVIN McRAE…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Oct 17, 2000

Citations

276 A.D.2d 332 (N.Y. App. Div. 2000)
714 N.Y.S.2d 56

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