People v. Bonnemere

5 Citing cases

  1. People v. Gray

    116 A.D.3d 480 (N.Y. App. Div. 2014)   Cited 6 times

    The court properly exercised its discretion in admitting into evidence a box of ammunition of a type capable of being used in the homicide. The ammunition was sufficiently connected to defendant to meet the test of relevance, and its probative value outweighed any prejudicial effect ( see People v. Bonnemere, 308 A.D.2d 418, 419, 764 N.Y.S.2d 823 [1st Dept.2003],lv. denied1 N.Y.3d 568, 775 N.Y.S.2d 785, 807 N.E.2d 898 [2003] ).

  2. People v. Jones

    85 A.D.3d 612 (N.Y. App. Div. 2011)   Cited 6 times

    Turning to the additional arguments raised on defendant's initial appeal, we first conclude that the trial court properly exercised its discretion in receiving evidence of threats made to a witness by third parties. There was sufficient circumstantial evidence to connect the threats to defendant and to warrant an inference as to his consciousness of guilt ( see People v Bonnemere, 308 AD2d 418, lv denied 1 NY3d 568). The court provided a thorough limiting instruction, which the jury presumably followed.

  3. People v. Ramadhan

    50 A.D.3d 339 (N.Y. App. Div. 2008)   Cited 4 times

    The fact that, in summation, the prosecutor suggested assault and unlawful imprisonment as possible intended crimes did not constitute a limitation on the theory of prosecution ( see People v Bess, 107 AD2d 844, 846). Furthermore, the supplemental charge was fully consistent with the trial evidence. The court properly permitted the People to introduce evidence of threats received during trial by two of the witnesses, since there was sufficient circumstantial evidence to connect the threatening conduct to defendant and to warrant an inference as to his consciousness of guilt ( see People v Bonnemere, 308 AD2d 418, lv denied 1 NY3d 568). The court provided an extensive limiting instruction, which the jury is presumed to have followed. We find the sentence excessive to the extent indicated.

  4. People v. McLaurin

    27 A.D.3d 399 (N.Y. App. Div. 2006)   Cited 4 times

    When defendant denied committing these acts, the court properly allowed the People to continue cross-examining defendant in an effort to induce him to change his testimony ( see People v. Sorge, 301 NY 198, 200), and this further inquiry did not exceed permissible limits. The court properly admitted both defendant's attempt to bribe prosecution witnesses as evidence of consciousness of guilt ( see People v. Bonnemere, 308 AD2d 418, lv denied 1 NY3d 568), and his apology to the victims' mother as an admission ( see People v. Dixon, 199 AD2d 332, lv denied 83 NY2d 851). Neither of these items of evidence was unduly equivocal ( see People v. Yazum, 13 NY2d 302), and in each instance, the probative value of the evidence outweighed its prejudicial effect.

  5. People v. Lessie

    2006 N.Y. Slip Op. 50760 (N.Y. Sup. Ct. 2006)

    Numerous other decisions support the admissibility of the threat evidence in this case. See, e.g., People v. Marino, 6 AD3d 214 (1st Dept. 2004), lv. denied, 3 NY3d 643 (2004) (threats made by defendant's family properly admitted into evidence); People v. Bonnemere, 308 AD2d 418 (1st Dept. 2003), lv. denied, 1 NY3d 568 (2003) (victims' testimony regarding threats and bribe offers by person claiming to be defendant's cousin properly received into evidence); People v. Almestica, 288 AD2d 483 (2nd Dept. 2001), lv. denied, 97 NY2d 750 (2002), post-conviction relief denied, 10 AD3d 693 (2nd Dept. 2004), lv. denied, 4 NY3d 740 (2004) (harassing statements made by defendant's sisters to People's chief witness were properly introduced as some evidence of defendant's consciousness of guilt); People v. Pitts, 218 AD2d 715 (2nd Dept. 1995), lv. denied, 87 NY2d 850 (1995) (threats by defendant's friends and family to People's witnesses properly admitted); People v. Smith, 214 AD2d 688 (2nd Dept. 1995), lv. denied, 86 NY2d 802 (1995). Here, the circumstantial evidence linking the defendant to the threatening conduct was more than sufficient.