THE PEOPLE OF THE STATE OF NEW YORK, res, v. DARRELL JOE, def-ap

1975. THE PEOPLE OF THE STATE OF NEW YORK, res, v. DARRELL JOE, def-ap — Richard M. Greenberg, Office of the Appellate Defender, New York (Eunice C. Lee of counsel) and Covington & Burling LLP, New York (Jonathan D. Cohen of counsel), for ap — Darcel D. Clark, District Attorney, Bronx (Emily Anne Aldridge of counsel), for res — —Judgment, Supreme Court, Bronx County (Barbara F. Newman, J.), rendered October 4, 2011, convicting defendant, after a jury trial, of attempted murder in the second degree, and sentencing him, as a second violent felony offender, to a term of 16 years, unanimously affirmed.

The charge of attempted murder arose out of allegations that defendant shot Ralph Barry. In the hospital after the shooting, Barry described his assailant to Detective Daniel Brady as “a light-skinned male with braids and a black coat.” An eyewitness to the shooting met with Brady several days after the shooting and that meeting, Brady testified, led to the issuance of a “wanted card” for defendant which, he further testified, is generally issued “when a person gets identified.” Defendant was charged with attempted murder when he was arrested for trespass five months after the shooting. A police officer had become suspicious of defendant after observing him engaged in what appeared to be a hand-to-hand drug transaction and approaching him, at which point defendant fled to the roof of a “Clean Halls” building. He then resisted arrest, gave a false name and refused to be fingerprinted or provide an address.