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People v. Stansberry

Appellate Division of the Supreme Court of New York, First Department
Jun 2, 1994
205 A.D.2d 317 (N.Y. App. Div. 1994)

Summary

Rejecting bolstering claim. "During cross-examination of the victim defense counsel elicited testimony that defendant was arrested after the victim spoke to a police officer. The brief and restricted testimony by a police officer that he spoke to the victim, and that defendant was arrested afterward, merely served as a necessary narrative of events leading to defendant's arrest."

Summary of this case from Quinones v. Miller

Opinion

June 2, 1994

Appeal from the Supreme Court, New York County (Budd Goodman, J.).


Defendant was apprehended shortly after beating and robbing an elderly man. Defendant's contention that improper bolstering testimony was admitted is without merit. During cross-examination of the victim defense counsel elicited testimony that defendant was arrested after the victim spoke to a police officer. The brief and restricted testimony by a police officer that he spoke to the victim, and that defendant was arrested afterward, merely served as a necessary narrative of events leading to defendant's arrest (People v. Jones, 160 A.D.2d 333).

The court's statement to the jurors during voir dire that if they were late, they would be fined, does not present a due process violation or a violation of defendant's right to a jury trial. Defendant has failed to submit any indication that any potential jurors were thereby kept off the jury.

Finally, we find no basis to disturb the sentencing court's sound exercise of discretion.

Concur — Sullivan, J.P., Rosenberger, Ellerin, Asch and Nardelli, JJ.


Summaries of

People v. Stansberry

Appellate Division of the Supreme Court of New York, First Department
Jun 2, 1994
205 A.D.2d 317 (N.Y. App. Div. 1994)

Rejecting bolstering claim. "During cross-examination of the victim defense counsel elicited testimony that defendant was arrested after the victim spoke to a police officer. The brief and restricted testimony by a police officer that he spoke to the victim, and that defendant was arrested afterward, merely served as a necessary narrative of events leading to defendant's arrest."

Summary of this case from Quinones v. Miller
Case details for

People v. Stansberry

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK STANSBERRY…

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

Date published: Jun 2, 1994

Citations

205 A.D.2d 317 (N.Y. App. Div. 1994)
613 N.Y.S.2d 6

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