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People v. Andino

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 1997
243 A.D.2d 718 (N.Y. App. Div. 1997)

Opinion

October 27, 1997

Appeal from Supreme Court, Kings County (Brill, J.)


Ordered that the judgment is affirmed.

We find unpersuasive the defendant's contention that the trial court erred in permitting the prosecution to elicit testimony regarding uncharged crimes consisting of other attempted robberies. The challenged testimony was relevant to the identification of the defendant ( see, People v. Ventimiglia, 52 N.Y.2d 350; People v. Keller, 215 A.D.2d 502; People v. Hazel, 203 A.D.2d 478), as a modus operandi was established ( see, People v Beam, 57 N.Y.2d 241; People v. Jason, 190 A.D.2d 689).

Further, the defendant's contention that the trial court erred in admitting into evidence the silver gun allegedly used by the defendant is without merit, as the gun was sufficiently connected to him to be admissible ( see, People v. Sandy, 187 A.D.2d 466; People v. Dinkins, 139 A.D.2d 759, 760; People v. Cunningham, 116 A.D.2d 585, 586)

Lastly, the sentence imposed was not excessive ( see, People v Suitte, 90 A.D.2d 80).

O'Brien, J.P., Thompson, Santucci and Joy, JJ., concur.


Summaries of

People v. Andino

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 1997
243 A.D.2d 718 (N.Y. App. Div. 1997)
Case details for

People v. Andino

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS ANDINO, Appellant

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

Date published: Oct 27, 1997

Citations

243 A.D.2d 718 (N.Y. App. Div. 1997)
664 N.Y.S.2d 571

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