Appellate Division of the Supreme Court of New York, 2003

People v. Avila

Appellate Division of the Supreme Court of New York · Decided March 4, 2003

303 A.D.2d 165; 754 N.Y.S.2d 885; 2003 N.Y. App. Div. LEXIS 1937

Cases that cite this one

5 later published cases cite this decision.

Cummins v. Lee (District Court, E.D. New York 2019)
People v. Scott (Appellate Division of the Supreme Court of New York 2012)
People v. Scott (Appellate Division of the Supreme Court of New York 2012)
People v. Scott (Appellate Division of the Supreme Court of New York 2010)
People v. Flores (Appellate Division of the Supreme Court of New York 2007)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Judgment, *166Supreme Court, Bronx County (Megan Tallmer, J.), rendered June 12, 2001, convicting defendant, after a jury trial, of robbery in the first and second degrees, and sentencing him, as a second felony offender, to concurrent terms of 20 and 15 years, respectively, unanimously affirmed.

The court properly exercised its discretion in admitting expert testimony regarding gang customs and rituals. This testimony was explanatory of defendant’s actions and unusual statements at the time of the crime and was relevant to his motive (see People v Edwards, 295 AD2d 270 [2002]; People v Tai, 224 AD2d 328 [1996], lv denied 88 NY2d 942 [1996]). The court’s thorough instructions minimized any prejudicial effect. Defendant’s related argument concerning the People’s summation is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would reject it.

We perceive no basis for reducing the sentence. Concur— Mazzarelli, J.P., Buckley, Sullivan, Ellerin and Lerner, JJ.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.