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People v. Chambers

Appellate Division of the Supreme Court of New York, First Department
Oct 27, 1998
254 A.D.2d 212 (N.Y. App. Div. 1998)

Opinion

October 27, 1998

Appeal from the Supreme Court, Bronx County (Lawrence Tonetti, J.).


The court properly exercised its discretion in denying defendant's motion for a mistrial, since the witness's response about a series of other robberies that had been committed was cut off in midstream and, in any event, was not linked to defendant in particular ( see, People v. Coursey, 250 A.D.2d 351 lv denied 92 N.Y.2d 850). Moreover, defense counsel explicitly informed the court that he did not wish to have a curative instruction issued, and defendant's complaint that the witness had acted in "bad faith" is unsubstantiated.

The court's instructions concerning credibility and identification, when viewed as a whole, conveyed the proper principles, including the People's burden of proof with respect to the reliability of the identification testimony.

The court properly admitted limited testimony concerning the complainant's viewing of a photo array since, under the circumstances, the defense opened the door to this matter ( People v. Straker, 247 A.D.2d 266).

Concur — Milonas, J. P., Ellerin, Wallach and Tom, JJ.


Summaries of

People v. Chambers

Appellate Division of the Supreme Court of New York, First Department
Oct 27, 1998
254 A.D.2d 212 (N.Y. App. Div. 1998)
Case details for

People v. Chambers

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELBERT CHAMBERS…

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

Date published: Oct 27, 1998

Citations

254 A.D.2d 212 (N.Y. App. Div. 1998)
679 N.Y.S.2d 572

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