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People v. Nieves

Appellate Division of the Supreme Court of New York, First Department
Jan 23, 1990
157 A.D.2d 562 (N.Y. App. Div. 1990)

Opinion

January 23, 1990

Appeal from the Supreme Court, New York County (Michael Dontzin, J.).


The indictments were properly consolidated pursuant to CPL 200.20 (2) (b) and (c). Defendant is not persuasive that the court below abused its discretion either in the joinder or in denying defendant's motion to sever (see, People v. Lane, 56 N.Y.2d 1, 7-8). The acting in concert charge adequately instructed the jury as to accomplice liability. With respect to the identification charge, the court granted defendant's request for an expanded instruction (People v. Whalen, 59 N.Y.2d 273, 279) which adequately instructed the jury on weighing a witness's credibility and apprised the jury that identification must be proved beyond a reasonable doubt. Having failed to object to the supplemental instruction on identification, defendant has waived any appellate challenge to it as a matter of law (People v Contes, 60 N.Y.2d 620).

Concur — Murphy, P.J., Sullivan, Carro, Kassal and Wallach, JJ.


Summaries of

People v. Nieves

Appellate Division of the Supreme Court of New York, First Department
Jan 23, 1990
157 A.D.2d 562 (N.Y. App. Div. 1990)
Case details for

People v. Nieves

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL NIEVES…

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

Date published: Jan 23, 1990

Citations

157 A.D.2d 562 (N.Y. App. Div. 1990)
550 N.Y.S.2d 305