People v McCallum |
2018 NY Slip Op 02182 [159 AD3d 1013] |
March 28, 2018 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York,
Respondent, v Tyron McCallum, Also Known as Yayo, Appellant. |
Gerald Zuckerman, Croton-on-Hudson, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Jennifer Spencer and Laurie Sapakoff of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Barbara Gunther Zambelli, J.), rendered March 3, 2015, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
On March 11, 2012, the defendant, together with his codefendants Mark Ogilvie, Travis
Clarke, and Jason White, participated in a crime spree that resulted in the fatal shootings of
Stephon Ramsey and Cleveland Baxter. The People alleged that these crimes were committed in
retaliation for the fatal shooting, earlier the same night, of Rahsul Watkins, a member of the gang
to which the defendant and his codefendants belonged. The defendant was charged with, among
other things, murder in the second degree for the shooting of Baxter, and criminal possession of a
weapon in the second degree for the shooting of a loaded pistol at a vehicle. The defendant was
permitted to plead guilty to a reduced charge of manslaughter in the first degree, and to criminal
possession of a weapon in the second degree, in full satisfaction of the indictment. The defendant
was promised a sentence of a term of imprisonment of 24
The defendant failed to preserve for appellate review his contention that the County Court erred in issuing a protective order pursuant to Criminal Procedure Law § 240.50 (see CPL 470.05 [2]; People v Redmon, 81 AD3d 752, 753 [2011]), which prohibited his attorney from providing him with copies of Rosario material (see People v Rosario, 9 NY2d 286 [1961]). In any event, contrary to the defendant's contention, the record demonstrates that while further access was limited by the order, the defendant, with court oversight, was permitted to review the subject Rosario material with his attorney over a two-day period.
[*2] The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Dillon, J.P., Leventhal, LaSalle and Brathwaite Nelson, JJ., concur.