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People v. Garner

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 16, 1990
159 A.D.2d 970 (N.Y. App. Div. 1990)

Opinion

March 16, 1990

Appeal from the Supreme Court, Erie County, Marshall, J.

Present — Denman, J.P., Pine, Lawton, Davis and Lowery, JJ.


Judgment unanimously affirmed. Memorandum: Defendant's argument that evidence relating to his bootprints was improperly admitted is unpreserved for review. Defense counsel not only failed to object to testimony concerning the bootprints but joined in the motion to admit the photographs of the bootprints. We find that the proof of identity in this circumstantial evidence case was legally sufficient (see, People v Brooks, 92 A.D.2d 1035; see generally, People v Marin, 65 N.Y.2d 741, 742), and that defendant's sentence was not harsh and excessive.


Summaries of

People v. Garner

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 16, 1990
159 A.D.2d 970 (N.Y. App. Div. 1990)
Case details for

People v. Garner

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN D. GARNER…

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

Date published: Mar 16, 1990

Citations

159 A.D.2d 970 (N.Y. App. Div. 1990)