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People v. Dubois

Appellate Division of the Supreme Court of New York, Second Department
Feb 16, 1988
137 A.D.2d 706 (N.Y. App. Div. 1988)

Opinion

February 16, 1988

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


Ordered that the judgment is affirmed.

It was error for the trial court to allow a police officer to testify that he arrested the defendant after a conversation with a codefendant who did not testify at trial (People v Felder, 108 A.D.2d 869, 870; People v Cruz, 100 A.D.2d 882, 883). However, the error was unpreserved for appellate review and, in any event, was harmless in light of the strong identification testimony by the two victims (People v Johnson, 57 N.Y.2d 969, 970; People v Crimmins, 36 N.Y.2d 230, 242).

The defendant failed to object to the jury charge at trial, and thus his claim regarding the reasonable doubt standard was also not preserved for appellate review (CPL 470.05; People v De Mauro, 48 N.Y.2d 892, 893; People v Reed, 120 A.D.2d 552, 553). In any event, it is clear that the charge as a whole conveyed the proper standard to the jury (People v Fisher, 112 A.D.2d 378). Brown, J.P., Rubin, Eiber and Sullivan, JJ., concur.


Summaries of

People v. Dubois

Appellate Division of the Supreme Court of New York, Second Department
Feb 16, 1988
137 A.D.2d 706 (N.Y. App. Div. 1988)
Case details for

People v. Dubois

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES DUBOIS, Appellant

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

Date published: Feb 16, 1988

Citations

137 A.D.2d 706 (N.Y. App. Div. 1988)

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