AMICUS AI
Citation Codes
Equivalent Citations
citation codes
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

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEDRO GUTIERREZ, Also Known as PEDRO GUTIEREZ, Appellant.

The 911 call by an anonymous caller three minutes after the shooting was sufficiently contemporaneous to qualify for admission under the present sense impression exception. In any event, any error in admission of this evidence was harmless in view of the overwhelming evidence of defendant's guilt ( People v. Johnson, 213 A.D.2d 241, lv denied 86 N.Y.2d 782).

The evidence of defendant's guilt of depraved indifference murder was legally sufficient "notwithstanding that the evidence would have also supported a finding of intentional murder" ( People v. Arce, 242 A.D.2d 508, 509). There was ample evidence supporting defendant's accessorial liability for depraved indifference murder, as charged by the court.

Since separate acts toward separate victims were involved, the court properly imposed consecutive sentences for the reckless endangerment and murder convictions ( see, People v. Creekmore, 106 A.D.2d 260, 261, lv denied 65 N.Y.2d 978; see also, People v. Brathwaite, 63 N.Y.2d 839, 842-843).

We have reviewed defendant's remaining contentions and find them to be without merit.

Concur — Ellerin, J. P., Wallach, Rubin, Andrias and Saxe, JJ.

Use AI to get other relevant cases.

Comments

PEOPLE v. GUTIERREZ
(Mar 26, 1998)