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Adam
Jorge BENIQUEZ
obberies
The New York Times
February 25, 1991
A
detective called him the "most wanted"
man in Puerto Rico. The police said the
man, Adam Jorge Beniquez, was a "strong
suspect" in a total of nine slayings --
three in Puerto Rico, four in the Virgin
Islands and two in Brooklyn -- as well
as two attempted murders in Puerto Rico.
People v. Beniquez (N.Y.App.Div. 12/13/1999)
Supreme Court, Appellate Division, Second Department, New York
THE PEOPLE, ETC., RESPONDENT,
v.
ADAM JORGE BENIQUEZ, APPELLANT.
(IND. NOS. 2395/91 AND 2422/91)
Counsel: Richard L. Herzfeld, New York, N.Y., for appellant. Charles J.
Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Ann
Bordley, and Joseph Huttler of counsel), for respondent.
Daniel W. Joy, J.P. , Gabriel M. Krausman , Howard Miller , Sandra J.
Feuerstein, JJ.
The opinion of the court was delivered by: Per Curiam
Argued - June 21, 1999
OPINION OF THE COURT
Appeal by the defendant from (1) a judgment of the Supreme Court, Kings
County (Lipp, J.), rendered March 30, 1993, convicting him of
manslaughter in the first degree under Indictment No. 2395/91, upon his
plea of guilty, and sentencing him to an indeterminate term of 6 to 18
years imprisonment, and (2) a judgment of the same court (Aiello, J.),
rendered June 23, 1997, convicting him of murder in the second degree,
robbery in the first degree, and criminal possession of a weapon in the
second degree under Indictment No. 2422/91, upon a jury verdict, and
sentencing him to indeterminate terms of imprisonment of 25 years to
life on his conviction of murder in the second degree, 12 1/2 to 25
years on his conviction of robbery in the first degree, and 7 1/2 to 15
years on his conviction of possession of a weapon in the second degree,
to run concurrently with each other but consecutively to the sentence
imposed on the conviction of manslaughter in the first degree under
Indictment No. 2395/91.
ORDERED that the judgment under Indictment No. 2395/91 is affirmed; and
it is further,
ORDERED that the judgment under Indictment No. 2422/91 is modified, as a
matter of discretion in the interest of justice, by providing that the
terms of imprisonment imposed run concurrently with the term of
imprisonment imposed under Indictment No. 2395/91; as so modified, the
judgment is affirmed.
The defendant's claim that the court did not conduct a sufficient
inquiry of an allegedly unqualified prospective juror is unpreserved for
appellate review (see, People v Fridic, 222 AD2d 220). In any event, the
record fully supports the trial court's determination to dismiss the
prospective juror whose comments to the court indicated that she was
overly concerned with physical evidence and that she believed "word of
mouth is not proof" (see, People v White, 213 AD2d 507, 508; People v
Torres, 164 AD2d 923).
We find that the sentence imposed under Indictment No. 2422/91 is
excessive to the extent indicated.
The defendant's remaining contentions lack merit.
JOY, J.P., KRAUSMAN, H. MILLER, and FEUERSTEIN, JJ., concur.