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People v. James, Thomas Christopher

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 1999
262 A.D.2d 500 (N.Y. App. Div. 1999)

Opinion

Submitted April 30, 1999

June 14, 1999

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered July 23, 1996, convicting him of murder in the second degree (three counts), burglary in the first degree, and robbery in the first degree, upon a jury verdict, and imposing sentence.

Debra Ann Urbano, Amityville, N.Y., for appellant.

James M. Catterson, Jr., District Attorney, Riverhead, N Y (Joanne V. Smith of counsel), for respondent.

SONDRA MILLER, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the Molineux evidence was improperly admitted is unpreserved for appellate review ( see, People v. Wilson, 225 A.D.2d 642). In any event, the challenged testimony was properly admitted since it was relevant to the identification of the defendant ( see, People v. Molineux, 168 N.Y. 264; People v. Beam, 57 N.Y.2d 241; People v. Keller, 215 A.D.2d 502), and necessary to complete the narrative ( see, People v. Sceravino, 193 A.D.2d 824; People v. Henry, 166 A.D.2d 720).

Moreover, the defendant's sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80).


Summaries of

People v. James, Thomas Christopher

Appellate Division of the Supreme Court of New York, Second Department
Jun 14, 1999
262 A.D.2d 500 (N.Y. App. Div. 1999)
Case details for

People v. James, Thomas Christopher

Case Details

Full title:THE PEOPLE, etc., respondent, v. THOMAS CHRISTOPHER JAMES, appellant…

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

Date published: Jun 14, 1999

Citations

262 A.D.2d 500 (N.Y. App. Div. 1999)
691 N.Y.S.2d 330

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