People v. Anthony

6 Citing cases

  1. People v. Cosme

    203 A.D.2d 375 (N.Y. App. Div. 1994)   Cited 18 times
    In People v. Cosme, 203 A.D.2d 375, 610 N.Y.S.2d 293 (2d Dept.1994), the Court reduced a sentence to 15 years to life because of the disparity between plea offer of 8 years to life and imposed sentenced of 25 years to life.

    The defendant's contention that the trial court erred in permitting a police officer to testify that he arrested the defendant after a conversation with eyewitnesses to the robbery is not preserved for appellate review (see, CPL 470.05; People v Nuccie, 57 N.Y.2d 818, 819; People v Anthony, 179 A.D.2d 765). In any event, any such error was harmless in view of the overwhelming evidence of the defendant's guilt, including the strong identification testimony of three eyewitnesses, each of whom had an ample opportunity to view the defendant within close proximity and in good lighting at the time of the robbery, and one of whom had seen the defendant prior to the incident (see, People v Mobley, 56 N.Y.2d 584, 585; People v Gordillo, 191 A.D.2d 455; People v Stanley, 185 A.D.2d 827; People v Bryan, 179 A.D.2d 667; People v Anthony, 179 A.D.2d 765, supra).

  2. People v. Martin

    261 A.D.2d 488 (N.Y. App. Div. 1999)   Cited 3 times

    The defendant's contention that the court erred in allowing a detective to testify that he arrested the defendant after a conversation with a codefendant who did not testify at trial is unpreserved for appellate review ( see, CPL 470.05; People v. Williams, 222 A.D.2d 721; People v. Valverde, 216 A.D.2d 339; People v. Anthony, 179 A.D.2d 765; People v. Caldwell, 147 A.D.2d 581; People v. Cummings, 109 A.D.2d 748). In any event, any error was harmless in view of the overwhelming evidence of the defendant's guilt, including the strong identification testimony of the victim ( see, People v. Crimmins, 36 N.Y.2d 230; People v. Williams, supra; People v. Valverde, supra; People v. Anthony, supra).

  3. People v. Jones

    236 A.D.2d 846 (N.Y. App. Div. 1997)   Cited 13 times

    That testimony was not material or relevant to any issue at trial and tended merely to establish defendant's predisposition to commit the crimes at issue ( see, People v Hudy, 73 NY2d 40, 54; People v Pinkas, 156 AD2d 485, 487, lv denied 75 NY2d 816). The court also erred in admitting DNA and semen evidence obtained from the panties and genital area of one of the victims because the People failed to establish an unbroken chain of custody with respect to that evidence ( see, People v Felder, 178 AD2d 936, 937-938, lv denied 79 NY2d 947, 80 NY2d 895). We conclude, however, that the proof of guilt of his assaults on both victims is overwhelming and there is no significant probability that defendant would have been acquitted were it not for those errors ( see, People v Johnson, 57 NY2d 969; People v Crimmins, 36 NY2d 230, 241-242; People v Singleton, 222 AD2d 719, 720, lv denied 88 NY2d 885; People v Padilla, 219 AD2d 688, 689, lv denied 87 NY2d 905; People v Anthony, 179 AD2d 765, lv denied 79 NY2d 943). We have considered the remaining contentions of defendant and conclude that they are without merit.

  4. People v. Singleton

    222 A.D.2d 719 (N.Y. App. Div. 1995)   Cited 4 times

    Further, the defendant's claim that the trial court erred in allowing a police officer to testify that he arrested the defendant after a conversation with a codefendant who did not testify at trial is unpreserved for appellate review (see, CPL 470.05; People v Valverde, 216 A.D.2d 339; People v Anthony, 179 A.D.2d 765; People v Caldwell, 147 A.D.2d 581; People v Dubois, 137 A.D.2d 706, supra; People v Cummings, 109 A.D.2d 748). In any event, any error was harmless in view of the overwhelming evidence of the defendant's guilt, including the strong identification testimony by the two victims (see, People v Crimmins, 36 N.Y.2d 230; People v Valverde, supra; People v Anthony, supra).

  5. People v. Williams

    222 A.D.2d 721 (N.Y. App. Div. 1995)   Cited 13 times

    The defendant's contention that the trial court erred in allowing a police officer to testify that he arrested the defendant after a conversation with a codefendant who did not testify at trial is unpreserved for appellate review (see, CPL 470.05; People v Valverde, 216 A.D.2d 339; People v Anthony, 179 A.D.2d 765; People v Caldwell, 147 A.D.2d 581; People v Dubois, 137 A.D.2d 706; People v Cummings, 109 A.D.2d 748). In any event, any error was harmless in view of the overwhelming evidence of the defendant's guilt, including the strong identification testimony of the two victims (see, People v Crimmins, 36 N.Y.2d 230; People v Valverde, supra; People v Anthony, supra).

  6. People v. Williams

    193 A.D.2d 826 (N.Y. App. Div. 1993)   Cited 7 times

    The defendant has failed to preserve his arguments for appellate review, as he did not make timely objections during the trial (see, CPL 470.05; People v Nuccie, 57 N.Y.2d 818, 819; People v Anthony, 179 A.D.2d 765; People v Sweeney, 161 A.D.2d 613). In any event, the defendant's arguments are without merit.