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People v. Finger

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 1999
699 N.Y.S.2d 119 (N.Y. App. Div. 1999)

Summary

In People v. Finger, 266 A.D.2d 561, 699 N.Y.S.2d 119 (2d Dept.1999), the defendant was also involved in a police car chase.

Summary of this case from People v. Sanchez

Opinion

Argued October 26, 1999

December 2, 1999

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (J. Goldberg, J.), rendered May 5, 19 97, convicting him of reckless endangerment in the first degree and resisting arrest, upon a jury verdict, and aggravated unlicensed operation of a motor vehicle in the second degree, upon his plea of guilty, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Kristina Schwarz of counsel), for appellant.

William L. Murphy, District Attorney, Staten Island, N.Y. (Karen F. McGee and Jonathan J. Silbermann of counsel), for respondent.

DAVID S. RITTER, J.P., LEO F. McGINITY, HOWARD MILLER and SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant led the police on a car chase at an excessive speed through a residential area, driving the wrong way down one-way streets, going through stop signs and red lights, hitting another car and endangering the lives of several pedestrians, including a group of children.

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620 ), we find that it was legally sufficient to establish the defendant's guilt of the crimes of reckless endangerment in the first degree and resisting arrest beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15[5]; People v. Walker, 258 A.D.2d 541 ; People v. Cordero, 177 A.D.2d 499 ; People v. Ruiz, 159 A.D.2d 656 ).

It was not error for the court to admit evidence of the defendant's arrest, two weeks before this incident, for driving with a suspended license. This prior arrest provided an explanation for the defendant's state of mind and a motive for the defendant to elude the police (see, People v. Till, 87 N.Y.2d 835 ;People v. Callegari, 236 A.D.2d 551 ). The issue of whether the court erred in failing to provide a limiting instruction contemporaneous with the admission of this evidence is unpreserved for appellate review. In any event, in light of the overwhelming proof of the defendant's guilt, any alleged error was harmless (see, People v. Sanzo, 122 A.D.2d 817 ).

The defendant's remaining contention is without merit.

RITTER, J.P., McGINITY, H. MILLER, and FEUERSTEIN, JJ., concur.


Summaries of

People v. Finger

Appellate Division of the Supreme Court of New York, Second Department
Dec 2, 1999
699 N.Y.S.2d 119 (N.Y. App. Div. 1999)

In People v. Finger, 266 A.D.2d 561, 699 N.Y.S.2d 119 (2d Dept.1999), the defendant was also involved in a police car chase.

Summary of this case from People v. Sanchez
Case details for

People v. Finger

Case Details

Full title:The PEOPLE, etc., respondent, v. MARTIN FINGER, appellant. (Ind. No…

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

Date published: Dec 2, 1999

Citations

699 N.Y.S.2d 119 (N.Y. App. Div. 1999)
266 A.D.2d 561

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The defendant led the police on a chase for about one mile over "slushy" and "icy" roads in the rain and…

People v. Sanchez

He disobeyed a stop sign and several red lights. In People v. Finger , 266 A.D.2d 561, 699 N.Y.S.2d 119 (2d…