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People v. Kelly

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1994
201 A.D.2d 668 (N.Y. App. Div. 1994)

Opinion

February 22, 1994

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


Ordered that the judgment is affirmed.

This case concerns the shooting death of the victim by the defendant after an argument.

The defendant's contentions, including those raised in his supplemental pro se brief, concerning alleged errors in the verdict sheet have not been preserved for appellate review and, in light of the overwhelming evidence of guilt, we decline to reach them in the exercise of our interest of justice jurisdiction (see, People v. Freeman, 162 A.D.2d 704; People v Anderson, 161 A.D.2d 719). Further, any negative inference that the defendant might have had a criminal record arising from a police officer's testimony that he recognized the defendant from a "picture" he possessed, was harmless in light of the overwhelming evidence of guilt (see, People v. Peoples, 142 A.D.2d 610; People v. Coker, 131 A.D.2d 585; People v. Tisdale, 114 A.D.2d 869). The defendant did not receive the ineffective assistance of counsel (see, People v. Baldi, 54 N.Y.2d 137; People v. Nakovics, 144 A.D.2d 704; People v. Chang, 129 A.D.2d 722).

We have considered the defendant's remaining contentions, including those in his supplemental pro se brief, and find them to be without merit. Sullivan, J.P., Miller, O'Brien and Ritter, JJ., concur.


Summaries of

People v. Kelly

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1994
201 A.D.2d 668 (N.Y. App. Div. 1994)
Case details for

People v. Kelly

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER KELLY…

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

Date published: Feb 22, 1994

Citations

201 A.D.2d 668 (N.Y. App. Div. 1994)
609 N.Y.S.2d 825

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