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People v. Clayton

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 440 (N.Y. App. Div. 1996)

Opinion

February 5, 1996

Appeal from the Supreme Court, Kings County (Koch, J.).


Ordered that the judgment is affirmed.

There is no merit to the defendant's contention that it was not established beyond a reasonable doubt that he shot the victim. 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).

The defendant further contends that he was denied his right to impeach certain witnesses. While the credibility of a witness can generally be attacked by showing an inconsistency between the trial testimony of that witness and what he or she has said on previous occasions, such testimony is often collateral to the ultimate issue before the jury and bears only on the credibility of the witness. Such a situation existed here. Therefore, the admissibility of this testimony is entrusted to the sound discretion of the trial court (see, People v. Duncan, 46 N.Y.2d 74, cert denied 442 U.S. 910). Here, the impeachment testimony was clearly collateral to the guilt or innocence of the defendant and was properly limited.

The defendant's contention that the court improperly limited readback of testimony to the jury is without merit. His further contention that reversal is required as a result of the prosecutor's comments in summation is unpreserved for appellate review (see, CPL 470. 05 [2]; People v. Balls, 69 N.Y.2d 641; People v. Nuccie, 57 N.Y.2d 818) and we decline to reach the issue in the exercise of our interest of justice jurisdiction.

Finally, the sentence imposed was neither harsh nor excessive under the circumstances (see, People v. Suitte, 90 A.D.2d 80). Sullivan, J.P., Pizzuto, Goldstein and Florio, JJ., concur.


Summaries of

People v. Clayton

Appellate Division of the Supreme Court of New York, Second Department
Feb 5, 1996
224 A.D.2d 440 (N.Y. App. Div. 1996)
Case details for

People v. Clayton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THEODORE CLAYTON…

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

Date published: Feb 5, 1996

Citations

224 A.D.2d 440 (N.Y. App. Div. 1996)
637 N.Y.S.2d 742