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People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Aug 30, 1999
264 A.D.2d 528 (N.Y. App. Div. 1999)

Opinion

August 30, 1999.

Appeal from the County Court, Nassau County (Wexner, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court did not err in declining to appoint a special prosecutor ( see, People v. English, 88 N.Y.2d 30). The trial court also properly admitted a redacted version of a previously-convicted codefendant's statement to law enforcement authorities into evidence ( see, People v. Settles, 46 N.Y.2d 154).

The trial court did not improvidently exercise its discretion in denying the "drastic remedy" of a mistrial, inasmuch as it took immediate and appropriate remedial action in isolating the tainted prospective jurors and excusing them from service ( People v. Rice, 75 N.Y.2d 929, 933).

Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that "the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).

To the limited extent that the defendant's remaining contentions are preserved for appellate review, they are without merit.

Mangano, P. J., Friedmann, McGinity and Feuerstein, JJ., concur.


Summaries of

People v. Brown

Appellate Division of the Supreme Court of New York, Second Department
Aug 30, 1999
264 A.D.2d 528 (N.Y. App. Div. 1999)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRUCE BROWN, Appellant

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

Date published: Aug 30, 1999

Citations

264 A.D.2d 528 (N.Y. App. Div. 1999)
695 N.Y.S.2d 575

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