From Casetext: Smarter Legal Research

People v. Gannaway

Appellate Division of the Supreme Court of New York, First Department
Apr 29, 1993
192 A.D.2d 492 (N.Y. App. Div. 1993)

Opinion

April 29, 1993

Appeal from the Supreme Court, New York County (Ronald Zwiebel, J.).


Defendant, a former employee of a McDonald's Restaurant, perpetrated a night time burglary of the restaurant with a current manager. When another manager and an employee arrived to open the restaurant at 6:00 A.M., they were grabbed by defendant and his accomplice, physically assaulted, threatened several times with death, and were left behind, handcuffed. Viewing the evidence in the light most favorable to the People, and giving due deference to the jury's findings on credibility, defendant's guilt was proved beyond a reasonable doubt by overwhelming evidence, and the verdict was not against the weight of that evidence (People v Bleakley, 69 N.Y.2d 490, 495). Defendant has failed to preserve his present bolstering claim arising out of the testimony of a police officer, on redirect, which explained that there was no attempt to lift fingerprints as store employees were suspects, and we decline to review in the interest of justice.

We have examined defendant's remaining contentions and find them to be without merit.

Concur — Sullivan, J.P., Carro, Milonas, Kupferman and Ross, JJ.


Summaries of

People v. Gannaway

Appellate Division of the Supreme Court of New York, First Department
Apr 29, 1993
192 A.D.2d 492 (N.Y. App. Div. 1993)
Case details for

People v. Gannaway

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNIS GANNAWAY…

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

Date published: Apr 29, 1993

Citations

192 A.D.2d 492 (N.Y. App. Div. 1993)
597 N.Y.S.2d 38