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People v. Mack

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 2000
276 A.D.2d 718 (N.Y. App. Div. 2000)

Opinion

Argued May 18, 2000

October 24, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered March 30, 1998, convicting him of murder in the second degree (two counts), attempted robbery in the first degree (two counts), attempted robbery in the second degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Erica Horwitz of counsel), for appellant .

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

Before: LAWRENCE J. BRACKEN, J.P., WILLIAM D. FRIEDMANN, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The Supreme Court properly instructed the jury that the accomplice status of the witness Jamaine Gibbs was a question of fact (see, CPL 60.22[b]; People v. Basch, 36 N.Y.2d 154). Further, the Supreme Court providently exercised its discretion in its evidentiary rulings (see, People v. Schwartzman, 24 N.Y.2d 241; People v. Ashner, 190 A.D.2d 238), and in allowing the prosecutor to extensively cross-examine the defendant (see, People v. Morgan, 66 N.Y.2d 255; People v. Overlee, 236 A.D.2d 133).

The defendant's remaining contentions are without merit .


Summaries of

People v. Mack

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 2000
276 A.D.2d 718 (N.Y. App. Div. 2000)
Case details for

People v. Mack

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. ANTHONY MACK, APPELLANT. (IND. NO…

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

Date published: Oct 24, 2000

Citations

276 A.D.2d 718 (N.Y. App. Div. 2000)
715 N.Y.S.2d 637