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State v. Glahn

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 2007
44 A.D.3d 972 (N.Y. App. Div. 2007)

Summary

In State v. Glahn, 97 Mo. 679, 689, 11 S.W. 260, 263, some of a series of threats proven had been made thirteen years before the homicide.

Summary of this case from State v. Shawley

Opinion

No. 2005-11986.

October 23, 2007.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lott, J.), rendered November 15, 2005, convicting him of murder in the first degree, murder in the second degree, attempted rape in the first degree, sexual abuse in the first degree, and assault in the second degree, upon a jury verdict, and imposing sentence.

Carol Kahn, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Howard B. Goodman of counsel), for respondent.

Before: Rivera, J.P., Ritter, Santucci and Dillon, JJ.


Ordered that the judgment is affirmed.

The defendant was convicted of murder in the first degree and murder in second degree with respect to the homicides of two prostitutes, respectively, and attempted rape in the first degree, sexual abuse in the first degree, and assault in the second degree of a third prostitute. On appeal, he argues that the evidence was not legally sufficient to sustain his conviction for either murder or for the attempted rape. To the extent that the defendant argues that the evidence was not legally sufficient to prove that he intended to kill Arlene Brumfield, his argument is not preserved for appellate review ( see CPL 470.05; People v Johnson, 22 AD3d 600; People v Rourke, 4 AD3d 377). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt as to all of the crimes described above. Moreover, upon the exercise of our factual review power ( see CPL 470.15), we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, 7 NY3d 633).

The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).

The defendant's remaining contentions are without merit.


Summaries of

State v. Glahn

Appellate Division of the Supreme Court of New York, Second Department
Oct 23, 2007
44 A.D.3d 972 (N.Y. App. Div. 2007)

In State v. Glahn, 97 Mo. 679, 689, 11 S.W. 260, 263, some of a series of threats proven had been made thirteen years before the homicide.

Summary of this case from State v. Shawley

In State v. Glahn, 97 Mo. 679, 11 S.W. 260, one of the Missouri cases cited in Corpus Juris in support of the admissibility of a defendant's admissions under facts akin to those at bar, a trial court had allowed a witness to give evidence as to what a defendant had testified to on a former trial, and the court, in ruling upon the admissibility of the testimony, said: "We can see no objection to such testimony.

Summary of this case from State v. Long
Case details for

State v. Glahn

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. LEE VAN GLAHN, Appellant

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

Date published: Oct 23, 2007

Citations

44 A.D.3d 972 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 8097
845 N.Y.S.2d 743

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