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People v. Aventura

Appellate Division of the Supreme Court of New York, First Department
Mar 5, 1992
181 A.D.2d 452 (N.Y. App. Div. 1992)

Opinion

March 5, 1992

Appeal from the Supreme Court, New York County (Felice K. Shea, J.).


Defendant's arguments that he was prejudiced by the introduction of background testimony and the court's identification charge are unpreserved (CPL 470.05; People v Leisner, 73 N.Y.2d 140, 147). Were we to reach them in the interest of justice, we would find that the background information did not impermissibly suggest a propensity on defendant's part to commit the crimes charged or show that he had committed other crimes. The court's extensive identification charge fairly instructed the jury on the identification question raised at the trial.

Concur — Sullivan, J.P., Milonas, Kupferman, Asch and Smith, JJ.


Summaries of

People v. Aventura

Appellate Division of the Supreme Court of New York, First Department
Mar 5, 1992
181 A.D.2d 452 (N.Y. App. Div. 1992)
Case details for

People v. Aventura

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE AVENTURA…

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

Date published: Mar 5, 1992

Citations

181 A.D.2d 452 (N.Y. App. Div. 1992)
580 N.Y.S.2d 748