From Casetext: Smarter Legal Research

People v. Barnett

Appellate Division of the Supreme Court of New York, First Department
Jan 17, 1991
169 A.D.2d 524 (N.Y. App. Div. 1991)

Opinion

January 17, 1991

Appeal from the Supreme Court, New York County (John A.K. Bradley, J.).


On January 17, 1986, Panagiotis Stratakis's briefcase was stolen. The briefcase contained, among other things, Stratakis's checkbook and a MasterCard which he had not yet signed. On January 28, defendant was arrested after presenting a check bearing Stratakis's name in payment for clothing at a department store. Defendant was found to be in possession of a second check belonging to Stratakis, a photographic identification card bearing his photograph and Stratakis's name, Stratakis's stolen MasterCard (now signed), and the checkbook. Defendant's testimony presented an implausible and contradictory defense of duress, which the jury rejected. We find that the evidence was clearly sufficient to sustain the convictions.

In view of the defendant's duress defense, it was not error to permit him to be cross-examined with regard to two forgery arrests in 1972 and 1974 (People v Calvano, 30 N.Y.2d 199; People v Grama, 124 A.D.2d 746; People v Kegelman, 73 A.D.2d 977). Moreover, in view of the overwhelming evidence of defendant's guilt, there is little reason to believe that a more restrictive Sandoval ruling would have affected the result (People v Mitchell, 161 A.D.2d 247, lv denied 76 N.Y.2d 861). We have considered the remaining contentions raised by the defendant and find them to be without merit.

Concur — Sullivan, J.P., Rosenberger, Ellerin, Ross and Smith, JJ.


Summaries of

People v. Barnett

Appellate Division of the Supreme Court of New York, First Department
Jan 17, 1991
169 A.D.2d 524 (N.Y. App. Div. 1991)
Case details for

People v. Barnett

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES BARNETT…

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

Date published: Jan 17, 1991

Citations

169 A.D.2d 524 (N.Y. App. Div. 1991)
564 N.Y.S.2d 378

Citing Cases

People v. Ortiz

Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.). The trial court properly modified its…