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People v. Pacheco

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
265 A.D.2d 347 (N.Y. App. Div. 1999)

Opinion

Argued June 24, 1999

October 4, 1999

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.).


ORDERED that the judgment is affirmed.

Testimony regarding the defendant's membership in a gang was properly admitted since such evidence was relevant to motive and its probative value outweighed its potential prejudice ( see, People v. Boyd, 164 A.D.2d 800, 803: People v. Polk, 84 A.D.2d 943, 945: People v. Bernard, 224 A.D.2d 192).

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

The defendant's remaining contentions are either unpreserved for appellate review, without merit, or relate to errors which were harmless in light of the overwhelming evidence of guilt ( see, People v. Crimmins, 36 N.Y.2d 230).

BRACKEN, J.P., O'BRIEN, SANTUCCI, and GOLDSTEIN, JJ., concur.


Summaries of

People v. Pacheco

Appellate Division of the Supreme Court of New York, Second Department
Oct 4, 1999
265 A.D.2d 347 (N.Y. App. Div. 1999)
Case details for

People v. Pacheco

Case Details

Full title:THE PEOPLE, etc., respondent v. CHRISTIAN PACHECO, appellant. (Ind. No…

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

Date published: Oct 4, 1999

Citations

265 A.D.2d 347 (N.Y. App. Div. 1999)
696 N.Y.S.2d 680

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