People v. Colvin

Summary

The Appellate Division, Third Department affirmed Carla Colvin's convictions for criminal trespass in the second degree, petit larceny, and criminal possession of stolen property in the fifth degree. The court rejected her challenges concerning the weight of the evidence, a showup identification, hearsay testimony, the allegedly repugnant verdict, and restitution. The court held that the evidence supported the convictions and that restitution for apartment damage arising from the same criminal transaction was permissible.

Holdings

1. Defendant's legal-sufficiency challenge was unpreserved because she failed, among other things, to renew her trial motion to dismiss at the close of her case.
2. The convictions for criminal trespass in the second degree, petit larceny, and criminal possession of stolen property in the fifth degree were supported by the weight of the evidence.
3. The showup identification was properly admitted because it occurred in close geographic and temporal proximity to the crime and was not unduly suggestive.
4. Testimony from defendant's friend about the contents of purported letters authored by the male participant was inadmissible hearsay when offered for the truth of the letters' contents.
5. County Court could order defendant to pay restitution for the damage to the apartment because the damage arose from the same criminal transaction underlying the offenses for which she was convicted.

Questions Presented

1. Whether the convictions were supported by the weight of the evidence.
2. Whether the showup identification was unduly suggestive and should have been suppressed.
3. Whether testimony concerning the contents of purported exculpatory letters was inadmissible hearsay.
4. Whether the verdict was repugnant because defendant was acquitted of other charges.
5. Whether restitution could be ordered for apartment damage arising from the same criminal transaction, even though defendant was convicted after trial rather than by a guilty plea.

Disposition

affirmed