From Casetext: Smarter Legal Research

People v. Graham

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1999
265 A.D.2d 424 (N.Y. App. Div. 1999)

Opinion

Submitted September 7, 1999

October 12, 1999

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.).


ORDERED that the judgment is affirmed.

The defendant's contention that his conviction is not supported by legally sufficient evidence is unpreserved for appellate review ( see, People v. Vega, 183 A.D.2d 864). In any event, 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).

Contrary to the defendant's further contention, the trial court did not impermissibly permit the People's ballistics expert to testify as to matters beyond his scope of expertise. The admissibility and bounds of expert testimony are addressed primarily to the sound discretion of the trial court ( see, People v. Cronin, 60 N.Y.2d 430, 433). In this case, the trial court did not improvidently exercise its discretion in permitting the People's ballistics expert to state his opinion on the issue of whether the surface of the gun recovered during the pursuit of the defendant was conducive to the retention of fingerprints.

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

S. MILLER, J.P., O'BRIEN, RITTER, and FLORIO, JJ., concur.


Summaries of

People v. Graham

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1999
265 A.D.2d 424 (N.Y. App. Div. 1999)
Case details for

People v. Graham

Case Details

Full title:The People, etc., respondent, v. Guillermo Graham, a/k/a James Anderson…

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

Date published: Oct 12, 1999

Citations

265 A.D.2d 424 (N.Y. App. Div. 1999)
697 N.Y.S.2d 74

Citing Cases

State of N.Y. v. Torres

Contrary to the defendant's contentions, he was neither placed in custody without probable cause ( see People…