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People v. Cato

Appellate Division of the Supreme Court of New York, First Department
Oct 30, 2001
287 A.D.2d 415 (N.Y. App. Div. 2001)

Opinion

October 30, 2001.

Judgment, Supreme Court, Bronx County (Frank Torres, J.), rendered December 2, 1996, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of 7½ to 15 years, unanimously affirmed.

Lara R. Binimow, for respondent.

Michelle Fox, for defendant-appellant.

Before: Nardelli, J.P., Andrias, Lerner, Saxe, Marlow, JJ.


The verdict was not against the weight of evidence. There is no basis upon which to disturb the jury's determinations concerning credibility and identification. The victim had a sufficient opportunity to observe defendant and made a reliable identification immediately after the crime. Furthermore, the circumstances under which defendant was apprehended provided substantial corroboration.

The police officer's testimony that, during a canvass of the area, he arrested defendant after conversing with the complainant was admissible to complete the narrative and explain the events leading to defendant's arrest (see, People v. Parris, 247 A.D.2d 221, 222, lv denied 91 N.Y.2d 944; People v. Jones, 160 A.D.2d 333, lv denied 76 N.Y.2d 790). In any event, there was no significant probability that the jury would have acquitted defendant had it not been for the challenged testimony.

We perceive no basis for reduction of sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Cato

Appellate Division of the Supreme Court of New York, First Department
Oct 30, 2001
287 A.D.2d 415 (N.Y. App. Div. 2001)
Case details for

People v. Cato

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ORBIN CATO…

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

Date published: Oct 30, 2001

Citations

287 A.D.2d 415 (N.Y. App. Div. 2001)
731 N.Y.S.2d 729

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