From Casetext: Smarter Legal Research

People v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1981
84 A.D.2d 794 (N.Y. App. Div. 1981)

Opinion

November 16, 1981


Appeal by defendant from a judgment of the Supreme Court, Queens County (Tsoucalas, J.), rendered March 28, 1978, convicting him of robbery in the first degree (two counts) and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. Judgment affirmed. Although it was improper for a police officer witness to testify, on cross-examination by defendant, that defendant had admitted firing a gun, where that statement had been suppressed, the court immediately sustained an objection, struck that testimony from the record and gave a curative instruction to the jury. Moreover, in view of the overwhelming evidence of defendant's guilt, including eyewitness testimony, we are convinced that any error was harmless beyond a reasonable doubt (People v. Jones, 47 N.Y.2d 528). Further, the denial, without a hearing, of defendant's motion to dismiss the indictment based on the denial of his statutory speedy trial rights (CPL 30.30) was proper since it was clear from the record that a significant portion of the delay during the approximately 15-month period between arrest and trial was excludable (CPL 30.30, subd 4, par [a]) (a period of over one and one-half months during which defendant's motion to suppress was under consideration) and defendant failed to establish that there remained a sufficient unexcluded period (see People v Lomax, 50 N.Y.2d 351). We have also considered defendant's constitutional speedy trial claim and find that, under all of the circumstances, there was no denial of his constitutional right to a speedy trial (People v. Taranovich, 37 N.Y.2d 442). We have examined defendant's other contentions and find them to be without merit. Margett, J.P., O'Connor, Weinstein and Thompson, JJ., concur.


Summaries of

People v. Jackson

Appellate Division of the Supreme Court of New York, Second Department
Nov 16, 1981
84 A.D.2d 794 (N.Y. App. Div. 1981)
Case details for

People v. Jackson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TRAVIS JACKSON…

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

Date published: Nov 16, 1981

Citations

84 A.D.2d 794 (N.Y. App. Div. 1981)

Citing Cases

People v. Moolenaar

We disagree. Upon consideration of the record, we conclude that the proof of defendant's guilt was…

People v. Hall

Initially, the record fails to support the defendant's assertion that the prosecutor had entered into a…