People v. Musmacher
Opinion of the Court
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see People v Calabria, 3 NY3d 80, 82 [2004]). Moreover, upon the exercise of our factual review power (see CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633, 644-645 [2006]).
The defendant’s first trial ended in a mistrial because his attorney learned during the trial that he had a conflict of interest, having previously represented a prosecution witness. Contrary to the defendant’s contention, his retrial, which resulted in the instant conviction, was not barred by double jeopardy because he consented to the mistrial (see People v Catten, 69 NY2d 547, 558 [1987]).
The County Court properly imposed consecutive sentences on the defendant’s convictions for burglary in the first degree and robbery in the first degree (see People v Yong Yun Lee, 92 NY2d 987, 989 [1998]).
We reject the defendant’s contention that, in sentencing him as a second violent felony offender, the County Court improperly denied the defendant an opportunity to raise a constitutional challenge to the pertinent prior conviction (see CPL 400.15). The defendant’s allegations “were bare of facts sufficient to support a finding of unconstitutionality,” and under the circumstances, the County Court did not err in failing to hold a hearing (see People v Cooper, 241 AD2d 553, 554 [1997]; People v Covington, 233 AD2d 169 [1996]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]), and there is no merit to the defendant’s contention that he was punished for exercising his right to a trial (see People v Goolsby, 213 AD2d 722, 722-723 [1995]; People v Brown, 157 AD2d 790, 792 [1990]; People v Edwards, 140 AD2d 539 [1988]).
The defendant’s remaining contention, that he was denied a fair trial because evidence was presented relating to his prior, uncharged crimes, is without merit. Miller, J.P., Spolzino, Goldstein and McCarthy, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.