Majority
p. 997The People of the State of New York, Respondent, v James Thomas, Appellant. [688 NYS2d 305]
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of attempted murder in the second degree (Penal Law §§ 110.00, 125.25 [1]), assault in the first degree (Penal Law § 120.10 [1]) and criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]). We reject the contention of defendant that his clothing, seized from his work locker, should be suppressed. The police arrested defendant at his place of employment after he was named as a suspect in a stabbing incident. Defendant gave his co-worker and a police officer consent to open his locker to retrieve his jacket (see, People v Adams, 53 NY2d 1 , 8, rearg denied 54 NY2d 832 , cert denied 454 US 854 ; People v
p. 998
Cosme, 48 NY2d 286 , 290), and the blood-stained clothing seized from the locker was in plain view (see, Horton v California, 496 US 128 , 133-137; People v Diaz, 81 NY2d 106 , 110). The verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490 , 495), and the sentence is neither unduly harsh nor severe. (Appeal from Judgment of Erie County Court, D’Amico, J. — Attempted Murder, 2nd Degree.) Present — Hayes, J. P., Wisner, Pigott, Jr., Scudder and Callahan, JJ.
Cases cited
- People v. Adams 53 NY2d 1 at 8 p. 997
- People v. Cosme 48 NY2d 286 at 290 p. 998
- Horton v. California 496 US 128 at 133-137 p. 998
- People v. Diaz 81 NY2d 106 at 110 p. 998
- People v. Bleakley 69 NY2d 490 at 495 p. 998