People v. Burkett
Cases that cite this one
6 later published cases cite this decision.
- People v. Banch (Appellate Division of the Supreme Court of New York 2021)
- People v. Craft (Appellate Division of the Supreme Court of New York 2008)
- People v. Williams (Appellate Division of the Supreme Court of New York 2007)
- People v. Matuszak (Appellate Division of the Supreme Court of New York 2006)
- People v. Harris (Appellate Division of the Supreme Court of New York 2005)
- People v. Igbinosun (Appellate Division of the Supreme Court of New York 2005)
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
Appeal from a judgment of the Cayuga County Court (Mark H. Fandrich, J.), rendered November 19, 2002. The judgment convicted defendant, after a nonjury trial, of aggravated harassment of an employee by an inmate.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him following a bench trial of aggravated harassment of an employee by an inmate (Penal Law § 240.32). Defendant’s challenge to the prosecutor’s obtaining of a sealed indictment is unpreserved for our review (see generally CPL 210.25, 210.35, 210.45) and is without merit in any event (see generally 100.05, 210.05, 210.10 [3]). County Court did not abuse its discretion in denying defendant’s motion to invoke the procedures of CPL article 730 (see People v Laraby, 4 AD3d 749, 750 [2004], lv denied 2 NY3d 802 [2004]; People v Blackwell, 278 AD2d 804 [2000], lv denied 96 NY2d 781 [2001]). In addition, the court did not err in admitting evidence of an uncharged crime or bad act committed by defendant. The evidence in question was directly probative of a material issue in the case, i.e., the criminal intent of defendant and the absence of any accident or mistake on his part (see People v Hudy, 73 NY2d 40, 54-55 [1988]; People v Ventimiglia, 52 NY2d 350, 359 [1981]). There
Case-law data current through December 31, 2025. Source: CourtListener bulk data.