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People v. Neithardt

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1998
251 A.D.2d 516 (N.Y. App. Div. 1998)

Opinion

June 15, 1998

Appeal from the County Court, Westchester County (LaCava, J.).


Ordered that the judgment is affirmed.

The defendant's contention that he was denied a fair trial by the erroneous admission of evidence bearing on the "sexual climate" of his home is largely unpreserved for appellate review (see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245). To the extent this contention was properly preserved, we find it to be without merit. The challenged photographic evidence was relevant and probative of certain issues in the case, and the defendant has not demonstrated that he was prejudiced by its introduction at trial.

The defendant's sentence is not excessive (see, People v. Suitte, 90 A.D.2d 80).

O'Brien, J. P., Sullivan, Pizzuto and Joy, JJ., concur.


Summaries of

People v. Neithardt

Appellate Division of the Supreme Court of New York, Second Department
Jun 15, 1998
251 A.D.2d 516 (N.Y. App. Div. 1998)
Case details for

People v. Neithardt

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HAROLD J. NEITHARDT…

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

Date published: Jun 15, 1998

Citations

251 A.D.2d 516 (N.Y. App. Div. 1998)
673 N.Y.S.2d 597

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