From Casetext: Smarter Legal Research

People v. Lemma

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1994
201 A.D.2d 669 (N.Y. App. Div. 1994)

Opinion

February 22, 1994

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


Ordered that the judgment is affirmed.

Under the circumstances of this case, we find that the testimony of a gas station attendant regarding the defendant's demand that he turn over all his money, occurring just prior to the defendant's actual theft of moneys held by the attendant's co-worker, was properly admitted because it was both necessary to complete the narrative of events leading up to the crime charged (see, People v. Cook, 42 N.Y.2d 204; People v. Catala, 198 A.D.2d 293), and was inextricably interwoven with the description of the events depicted (see, People v. Ventimiglia, 52 N.Y.2d 350; People v. Catala, supra).

The defendant's remaining contentions are either unpreserved for appellate review or without merit (see, People v. Autry, 75 N.Y.2d 836; People v. Williams, 50 N.Y.2d 996). Thompson, J.P., Rosenblatt, Copertino and Hart, JJ., concur.


Summaries of

People v. Lemma

Appellate Division of the Supreme Court of New York, Second Department
Feb 22, 1994
201 A.D.2d 669 (N.Y. App. Div. 1994)
Case details for

People v. Lemma

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VINCENT LEMMA…

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

Date published: Feb 22, 1994

Citations

201 A.D.2d 669 (N.Y. App. Div. 1994)
607 N.Y.S.2d 983

Citing Cases

People v. Rojas

We note that the hearing record shows that the defendant effectively waived his Miranda rights and willingly…

People v. Rodriguez

The defendant's contention that the court improperly refused to redact his statement to delete his three…