From Casetext: Smarter Legal Research

People v. Zachary

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 2005
23 A.D.3d 506 (N.Y. App. Div. 2005)

Opinion

2001-09042.

November 14, 2005.

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered October 11, 2001, convicting him of manslaughter in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Steven A. Feldman, Uniondale, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (Daniel M. Reback of counsel), for respondent.

Before: Schmidt, J.P., Cozier, Rivera and Fisher, JJ., concur.


Ordered that the judgment is affirmed.

The testimony of a detective that the defendant's name came up in the course of investigating the criminal occurrence was not improper ( see People v. Brown, 262 AD2d 570, affd 95 NY2d 776; People v. Williams, 193 AD2d 826, 827-828; People v. Armstead, 134 AD2d 601). Also, the trial court promptly cured any prejudice resulting from the detective's testimony about a reference to the defendant made by a nontestifying witness when it instructed the jury to consider this evidence only for the purpose of understanding the detective's conduct in response thereto ( see People v. Elliott, 256 AD2d 418; People v. Griffin, 246 AD2d 668).

The defendant's remaining contention is without merit.


Summaries of

People v. Zachary

Appellate Division of the Supreme Court of New York, Second Department
Nov 14, 2005
23 A.D.3d 506 (N.Y. App. Div. 2005)
Case details for

People v. Zachary

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHAZ ZACHARY, Appellant

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

Date published: Nov 14, 2005

Citations

23 A.D.3d 506 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 8762
808 N.Y.S.2d 99

Citing Cases

People v. Zachary

February 28, 2006. Appeal from 2d Dept: 23 AD3d 506 (Orange). Application in criminal case for leave to…