People v. Herrera

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. JUAN HERRERA, Appellant

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

Date published: Dec 2, 1997

245 A.D.2d 12 (N.Y. App. Div. 1997)

665 N.Y.S.2d 643

Opinion

December 2, 1997

Appeal from the Supreme Court, New York County (Harold Rothwax, J.).

The court properly admitted testimony that defendant made a threatening gesture to a prosecution witness during a break in that witness's testimony ( People v. Plummer, 36 N.Y.2d 161). The throat-slitting gesture was highly probative of defendant's consciousness of guilt and was admissible irrespective of the possibility of innocent explanations ( People v. Yazum, 13 N.Y.2d 302).

The defendant's claim on appeal concerning the court's Sandoval ruling is unpreserved and we decline to review it.

We perceive no abuse of sentencing discretion.

Concur — Rosenberger, J. P., Ellerin, Nardelli, Williams and Andrias, JJ.