People v. Taylor
Opinion of the Court
The Supreme Court properly denied that branch of the defendant’s omnibus motion which was to suppress statements he made to law enforcement officials. The Supreme Court properly found that the defendant’s initial statements to police officers when they first encountered him, and after he and his brother
The defendant’s challenge to the racial composition of the jury panel was waived by his failure to make that challenge in writing prior to the selection of the jury (see CPL 270.10 [2]; People v Messiah, 247 AD2d 490, 491 [1998]; People v Branch, 244 AD2d 562, 562 [1997]; People v Battle, 221 AD2d 648, 648 [1995]).
The defendant’s contention that the evidence was legally insufficient to support his convictions of gang assault in the first degree and assault in the first degree is unpreserved for appellate review (see People v LaGuerre, 29 AD3d 820, 821 [2006]). In any event, 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 of those crimes beyond a reasonable doubt. Upon our independent review pursuant to 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 [2006]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 83-85 [1982]).
The defendant’s remaining contentions are without merit. Dillon, J.E, Leventhal, Chambers and Austin, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.