From Casetext: Smarter Legal Research

People v. Vargas

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1986
125 A.D.2d 429 (N.Y. App. Div. 1986)

Opinion

December 8, 1986

Appeal from the Supreme Court, Kings County (Bourgeois, J.).


Ordered that the judgment is affirmed.

We have reviewed the record and conclude that the court properly admitted into evidence a knife which was found at the scene the day following the crime and which was identified by a witness as the knife with which he and the deceased had been stabbed by the defendant. These circumstances provided a sufficient connection between the knife and the defendant to render the knife admissible (see, People v. Mirenda, 23 N.Y.2d 439; People v. Cunningham, 116 A.D.2d 585). Any question as to the accuracy of the complainant's identification of the knife went to its weight or probative force, and not to its admissibility (see, People v. McNair, 32 A.D.2d 662).

The other contentions raised by the defendant have been examined and found to be meritless. Brown, J.P., Weinstein, Rubin and Kooper, JJ., concur.


Summaries of

People v. Vargas

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1986
125 A.D.2d 429 (N.Y. App. Div. 1986)
Case details for

People v. Vargas

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID VARGAS, Appellant

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

Date published: Dec 8, 1986

Citations

125 A.D.2d 429 (N.Y. App. Div. 1986)
509 N.Y.S.2d 149

Citing Cases

Rudenko v. Coxsackie Warden

"These circumstances provided a sufficient connection between the knife and the defendant to render the knife…

People v. Shegog

Arguments concerning the meaning of the words would go to the weight, but not necessarily the admissibility,…