From Casetext: Smarter Legal Research

People v. Spears

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 2000
276 A.D.2d 725 (N.Y. App. Div. 2000)

Opinion

Submitted September 18, 2000

October 24, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered November 23, 1998, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Linda Breen, and Joseph Huttler of counsel), for respondent.

Before: LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, SONDRA MILLER, ANITA R. FLORIO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the trial court did not err in accepting a partial verdict (see, People v. Mendez, 221 A.D.2d 162; People v. Andino, 210 A.D.2d 28). "Neither CPL 310.70 nor any other provision of law precludes a trial court's inquiry into whether the jury, after a substantial period of deliberation, has agreed upon a verdict" as to any of the defendants or any of the counts submitted, and in then accepting a partial verdict (People v. Mendez, supra, at 162, 163; see, People v. Bordas, 226 A.D.2d 261).


Summaries of

People v. Spears

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 2000
276 A.D.2d 725 (N.Y. App. Div. 2000)
Case details for

People v. Spears

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. CORY SPEARS, APPELLANT. (IND. NO. 5269/98)

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

Date published: Oct 24, 2000

Citations

276 A.D.2d 725 (N.Y. App. Div. 2000)
715 N.Y.S.2d 640

Citing Cases

Spears v. Spitzer

By memorandum decision and order dated October 23, 2000, the Appellate Division unanimously affirmed…

Spears v. Greiner

By memorandum decision and order dated October 23, 2000, the Appellate Division unanimously affirmed Spears's…