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People v. Abney

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 1988
139 A.D.2d 581 (N.Y. App. Div. 1988)

Opinion

April 11, 1988

Appeal from the County Court, Nassau County (Baker, J.).


Ordered that the judgment is affirmed.

The testimony of a nonaccomplice witness that the defendant had admitted participating in the bank robbery was sufficient to corroborate the testimony of an accomplice as required by CPL 60.22 (see, People v. Miller, 116 A.D.2d 596, lv denied 67 N.Y.2d 947; People v. Rogers, 111 A.D.2d 274, lv denied 66 N.Y.2d 921). The defendant has failed to establish that he was prejudiced by the prosecutor's delay in producing a written statement of the nonaccomplice witness (see, People v. Ranghelle, 69 N.Y.2d 56).

On an appeal by a codefendant, we determined that physical items, such as the ski masks and weapons, were properly admitted into evidence at the joint trial and there is no basis in this case to alter that determination (see, People v. Miller, supra). The sentence imposed was not excessive given the extent of the defendant's participation in the robbery and his status as a second felony offender. We find the defendant's remaining contentions, including those raised in his pro se supplemental brief, to be without merit. Mangano, J.P., Bracken, Spatt and Harwood, JJ., concur.


Summaries of

People v. Abney

Appellate Division of the Supreme Court of New York, Second Department
Apr 11, 1988
139 A.D.2d 581 (N.Y. App. Div. 1988)
Case details for

People v. Abney

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ADAM ABNEY, Appellant

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

Date published: Apr 11, 1988

Citations

139 A.D.2d 581 (N.Y. App. Div. 1988)

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