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People v. Shomo

Appellate Division of the Supreme Court of New York, First Department
Mar 27, 2003
303 A.D.2d 320 (N.Y. App. Div. 2003)

Opinion

629

March 27, 2003.

Judgment, Supreme Court, New York County (Michael Obus, J.), rendered December 15, 2000, convicting defendant, after a jury trial, of murder in the second degree and criminal possession of a weapon in the second degree, and sentencing him, as a persistent violent felony offender, to concurrent terms of 25 years to life, unanimously affirmed.

Eli R. Koppel, for respondent.

Steven N. Feinman, for defendant-appellant.

Before: Buckley, P.J., Nardelli, Andrias, Ellerin, Friedman, JJ.


The court properly exercised its discretion in admitting evidence of uncharged crimes, with suitable limiting instructions. Evidence of defendant's use of a firearm on certain relevant occasions was highly probative, given defendant's claim that at the time of the shooting he was physically incapable of holding or firing a handgun and thus could not have been the killer (see People v. Alvino, 71 N.Y.2d 233, 241-242). Moreover, defendant himself introduced much of the evidence of which he now complains.

The court properly adjudicated defendant a persistent violent felony offender without conducting an evidentiary hearing. Defendant's claim that he received ineffective assistance in connection with his 1982 predicate conviction was patently meritless, since the Court of Appeals has rejected the same argument concerning felony classifications that defendant faulted his attorney for failing to raise (see People v. Morse, 62 N.Y.2d 205, 217, appeal dismissed sub nom. Vega v. New York, 469 U.S. 1186). Accordingly, no hearing was required (see People v. Green, 202 A.D.2d 280, lv denied 84 N.Y.2d 868).

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


Summaries of

People v. Shomo

Appellate Division of the Supreme Court of New York, First Department
Mar 27, 2003
303 A.D.2d 320 (N.Y. App. Div. 2003)
Case details for

People v. Shomo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE SHOMO…

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

Date published: Mar 27, 2003

Citations

303 A.D.2d 320 (N.Y. App. Div. 2003)
757 N.Y.S.2d 272

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