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People v. Torres

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1989
152 A.D.2d 960 (N.Y. App. Div. 1989)

Opinion

July 12, 1989

Appeal from the Orleans County Court, Miles, J.

Present — Dillon, P.J., Callahan, Denman, Green and Pine, JJ.


Judgment unanimously affirmed. Memorandum: Defendant was convicted of burglary in the third degree, criminal possession of stolen property in the second degree, grand larceny in the third degree and conspiracy in the fifth degree. We have reviewed each of the issues raised by defendant on appeal and none requires reversal.

Although a police officer's testimony that one of the accomplices had implicated defendant constituted improper bolstering (see, People v McClean, 69 N.Y.2d 426, 428; People v Davis, 44 N.Y.2d 269, 277), the proof of defendant's guilt is overwhelming and there is no significant probability that defendant would have been acquitted but for this error (see, People v Crimmins, 36 N.Y.2d 230, 242).

We also find that the testimony of defendant's two accomplices was sufficiently corroborated by evidence from independent sources tending to connect defendant with the crime (see, CPL 60.22; People v Moses, 63 N.Y.2d 299).


Summaries of

People v. Torres

Appellate Division of the Supreme Court of New York, Fourth Department
Jul 12, 1989
152 A.D.2d 960 (N.Y. App. Div. 1989)
Case details for

People v. Torres

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS TORRES…

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

Date published: Jul 12, 1989

Citations

152 A.D.2d 960 (N.Y. App. Div. 1989)