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People v. Jacaruso

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1997
244 A.D.2d 503 (N.Y. App. Div. 1997)

Summary

involving threats to a witness during a recess

Summary of this case from Brown v. State

Opinion

November 17, 1997

Appeal from the Supreme Court, Queens County (Thomas, J.)


Ordered that the judgment is affirmed.

We reject the defendant's contention that a mistrial was necessary because the prosecutor asked on cross-examination if he had threatened the complaining witness during a recess in her testimony. The prosecutor had a good faith basis for asking the question and the testimony was admissible on the ground that it had "some tendency to prove a consciousness of guilt" ( People v. Griffin, 126 A.D.2d 743, 744; People v. Whaley, 144 A.D.2d 510; People v. King, 175 A.D.2d 266).

The defendant's remaining contentions are either unpreserved for appellate review ( see, CPL 470.05; People v. Broadus, 129 A.D.2d 997; see also, People v. Roopchand, 107 A.D.2d 35, affd 65 N.Y.2d 837) or without merit.

Rosenblatt, J. P., Copertino, Goldstein and Luciano, JJ., concur.


Summaries of

People v. Jacaruso

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1997
244 A.D.2d 503 (N.Y. App. Div. 1997)

involving threats to a witness during a recess

Summary of this case from Brown v. State
Case details for

People v. Jacaruso

Case Details

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

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

Date published: Nov 17, 1997

Citations

244 A.D.2d 503 (N.Y. App. Div. 1997)
664 N.Y.S.2d 109

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