Decided On : 6/14/2016
AD4 order dated May 9, 2014, affirming judgment of conviction. Decision below: 117 AD3d 1523, 985 NYS2d 369. Pigott, J., granted leave January 27, 2015. To be argued May 3, 2016.
ISSUES PRESENTED: (1) The sufficiency of the trial evidence that the defendant forcibly stole property from the victim while using a gun. (2) Whether defendant’s sentence was properly enhanced pursuant to PL §60.07 (attack on for-hire vehicle operator). (3) Whether the grand jury proceeding was defective because defendant was shackled during his testimony, or because the prosecutor failed to inform the grand jury of the defendant’s request to have another witness testify. (Assigned counsel: David C. Schopp, The Legal Aid Bureau of Buffalo, Inc., 237 Main Street, Suite 1602, Buffalo, N.Y. 14203.)