AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

THE PEOPLE, ETC., RESPONDENT, v. SANTIAGO VALDEZ, APPELLANT. (IND. NO. 5477/95)

DECISION ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, suppression of the physical evidence, a gun, was not warranted. The gun was seized pursuant to a valid search warrant adequately supported by information which was obtained prior to and independently of any alleged illegal entry and which amply demonstrated probable cause for the search (see, People v. Harris, 62 N.Y.2d 706; People v. Arnau, 58 N.Y.2d 27, cert denied 468 U.S. 217; People v. Aguirre, 220 A.D.2d 438; People v. Vonderhyde, 114 A.D.2d 479).

Although the murders occurred in the course of one extended transaction, each killing was caused by the defendant's affirmative act of firing multiple shots. Accordingly, each offense was a separate and distinct act which justified the imposition of consecutive sentences (see, People v. Brathwaite, 63 N.Y.2d 839; People v. Black, 249 A.D.2d 318; People v. Glass, 179 A.D.2d 774). Moreover, the sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).

Use AI to get other relevant cases.

Comments

PEOPLE v. VALDEZ
(Nov 6, 2000)