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People v. Lopez

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1999
266 A.D.2d 239 (N.Y. App. Div. 1999)

Opinion

Argued September 28, 1999

November 1, 1999

M. Sue Wycoff, New York, N.Y. (John Schoeffel of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Peter Mason of counsel), for respondent.

SONDRA MILLER, J.P., THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, HOWARD MILLER, JJ.


DECISION ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered February 26, 1997, convicting him of sodomy in the first degree, sexual abuse in the second degree (two counts), incest (two counts), rape in the second degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

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[5]).

We disagree with the defendant's contention that the court committed reversible error by precluding him from eliciting opinion testimony about the complainant's character from her father. The court properly limited the impeachment of the prosecution's witness to her reputation for truthfulness and veracity in the community (see, People v. Bouton, 50 N.Y.2d 130 ).

S. MILLER, J.P., SULLIVAN, KRAUSMAN, and H. MILLER, JJ., concur.


Summaries of

People v. Lopez

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1999
266 A.D.2d 239 (N.Y. App. Div. 1999)
Case details for

People v. Lopez

Case Details

Full title:The PEOPLE, etc., respondent, v. STEVE LOPEZ, appellant. (Ind. No. 1394/96)

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

Date published: Nov 1, 1999

Citations

266 A.D.2d 239 (N.Y. App. Div. 1999)
699 N.Y.S.2d 417

Citing Cases

State of N.Y. v. Lopez

January 23, 2007. Application by the appellant for a writ of error coram nobis to vacate, on the ground of…