From Casetext: Smarter Legal Research

People v. Evans

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 1988
136 A.D.2d 562 (N.Y. App. Div. 1988)

Opinion

January 11, 1988

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


Ordered that the judgment is affirmed.

We do not agree with the defendant's contention that he was deprived of a fair trial by the complainant's inadvertent mention of looking at "pictures". The court's prompt and complete instruction to the jury to disregard the testimony was sufficient to cure the error (see, e.g., People v Berg, 59 N.Y.2d 294, 299-300), particularly in view of the complainant's unequivocal identification of the defendant as her attacker.

We find the defendant's remaining contention to be without merit. Bracken, J.P., Kunzeman, Spatt and Harwood, JJ., concur.


Summaries of

People v. Evans

Appellate Division of the Supreme Court of New York, Second Department
Jan 11, 1988
136 A.D.2d 562 (N.Y. App. Div. 1988)
Case details for

People v. Evans

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TERRY EVANS, Appellant

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

Date published: Jan 11, 1988

Citations

136 A.D.2d 562 (N.Y. App. Div. 1988)

Citing Cases

People v. Webb

At trial, a prosecution witness who had failed to identify defendant at a pretrial corporeal lineup…

People v. Panepinto

second degree and other related crimes, defendant's sole argument is that he was deprived of his right to a…