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People v. Dekoskie

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1986
125 A.D.2d 405 (N.Y. App. Div. 1986)

Opinion

December 8, 1986

Appeal from the County Court, Dutchess County (Marlow, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution, the defendant's guilt was proven beyond a reasonable doubt (see, Jackson v. Virginia, 443 U.S. 307, 319; People v Contes, 60 N.Y.2d 620, 621). The evidence, although circumstantial, was inconsistent with the defendant's innocence and excluded to a moral certainty every other reasonable hypothesis but his guilt (see, People v. Way, 59 N.Y.2d 361, 365; People v. Milea, 112 A.D.2d 1011, lv denied 66 N.Y.2d 921).

The People's cross-examination of the defendant with respect to a prior burglary conviction did not deprive him of a fair trial (see, People v. Pavao, 59 N.Y.2d 282, 292). The fact that a defendant may specialize in one type of criminal activity should not shield him from impeachment with prior similar convictions (see, People v. Rahman, 62 A.D.2d 968, affd 46 N.Y.2d 882; People v. Cherry, 106 A.D.2d 458). Mangano, J.P., Weinstein, Lawrence and Kooper, JJ., concur.


Summaries of

People v. Dekoskie

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1986
125 A.D.2d 405 (N.Y. App. Div. 1986)
Case details for

People v. Dekoskie

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN E. DEKOSKIE…

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

Date published: Dec 8, 1986

Citations

125 A.D.2d 405 (N.Y. App. Div. 1986)

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