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People v. Altman

Appellate Division of the Supreme Court of New York, Second Department
Nov 19, 1990
167 A.D.2d 479 (N.Y. App. Div. 1990)

Opinion

November 19, 1990

Appeal from the Supreme Court, Kings County (Broomer, J.).


Ordered that the judgment is affirmed.

The victim was robbed by three men while on her way to school on the morning of April 19, 1986. At trial both the victim and two eyewitnesses identified the defendant as one of the robbers. Moreover, the eyewitnesses were familiar with the defendant because he lived in their neighborhood. Thus, contrary to the defendant's contention, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt of robbery in the first degree. Additionally, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

Any possible prejudice to the defendant which may have been caused by the victim's comment that the defendant's family had threatened her was eliminated by the court's prompt and forceful curative instruction (see, People v. Ashwal, 39 N.Y.2d 105, 111; People v. Solano, 159 A.D.2d 738).

We have examined the defendant's remaining contentions and find them to be without merit (see, People v. Hall, 122 A.D.2d 163; People v. Johnson, 106 A.D.2d 469). Thompson, J.P., Lawrence, Eiber and Ritter, JJ., concur.


Summaries of

People v. Altman

Appellate Division of the Supreme Court of New York, Second Department
Nov 19, 1990
167 A.D.2d 479 (N.Y. App. Div. 1990)
Case details for

People v. Altman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERALD ALTMAN…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 19, 1990

Citations

167 A.D.2d 479 (N.Y. App. Div. 1990)
562 N.Y.S.2d 153