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People v. Garcia

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1991
171 A.D.2d 675 (N.Y. App. Div. 1991)

Opinion

March 4, 1991

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


Ordered that the judgment is affirmed.

The defendant's contention that the verdict was based upon evidence of an uncharged crime is without merit. The evidence at trial was extremely consistent and amply supported the defendant's conviction of the crimes charged in the indictment. Thus, any error in admitting the testimony of the uncharged crime must be deemed harmless in light of the overwhelming evidence of the defendant's guilt (see, People v Crimmins, 36 N.Y.2d 230). Moreover, it is clear from the record that there is no possibility that the Judge premised his determination of guilt on a theory not contained in the indictment (see, People v Udzinski, 146 A.D.2d 245, 261).

We have examined the defendant's remaining contentions and find them to be without merit (see, People v Patterson, 106 A.D.2d 520; People v Suitte, 90 A.D.2d 80). Bracken, J.P., Eiber, Balletta and Ritter, JJ., concur.


Summaries of

People v. Garcia

Appellate Division of the Supreme Court of New York, Second Department
Mar 4, 1991
171 A.D.2d 675 (N.Y. App. Div. 1991)
Case details for

People v. Garcia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JIMMY GARCIA, Appellant

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

Date published: Mar 4, 1991

Citations

171 A.D.2d 675 (N.Y. App. Div. 1991)