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People v. Boyce

Appellate Division of the Supreme Court of New York, Second Department
Mar 19, 2001
281 A.D.2d 554 (N.Y. App. Div. 2001)

Opinion

Argued February 22, 2001.

March 19, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered September 3, 1997, convicting him of criminal possession of a forged instrument in the second degree (21 counts), upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Denise Fabiano and Kathryn Smith of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and George Freed of counsel), for respondent.

Before: MYRIAM J. ALTMAN, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People, the evidence was legally sufficient to support the convictions (see, People v. Contes, 60 N.Y.2d 620). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

The defendant claims that a prosecution witness was allowed to give expert testimony without being certified as an expert. However, the witness was qualified to give the elicited testimony. The failure of the court to so certify the witness only served to benefit the defendant (see, People v. Robinson, 123 A.D.2d 455).


Summaries of

People v. Boyce

Appellate Division of the Supreme Court of New York, Second Department
Mar 19, 2001
281 A.D.2d 554 (N.Y. App. Div. 2001)
Case details for

People v. Boyce

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. RANDOLPH BOYCE, APPELLANT

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

Date published: Mar 19, 2001

Citations

281 A.D.2d 554 (N.Y. App. Div. 2001)
721 N.Y.S.2d 812

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