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People v. Phelps

Appellate Division of the Supreme Court of New York, First Department
Jan 7, 1999
257 A.D.2d 411 (N.Y. App. Div. 1999)

Opinion

January 7, 1999.

Appeal from the Supreme Court, Bronx County (John Stackhouse, J.).


The verdict was not against the weight of the evidence. Credibility issues were properly placed before the jurors for consideration and we perceive no basis for disturbing their determinations ( People v. Bleakley, 69 N.Y.2d 490).

The court appropriately exercised its discretion in permitting introduction of defendant's redacted arrest photograph, after the complainant's in-court identification and testimony that defendant's appearance had changed significantly from the date of the incident, as relevant to the jury's' ability to assess the reliability of the' complainant's identification testimony ( see, People v. Nogueras, 196 A.D.2d 448, lv denied 82 N.Y.2d 900).

We have considered and rejected defendant's remaining claims, including those contained in his pro se supplemental brief.

Concur — Sullivan, J.P., Rosenberger, Williams and Saxe, JJ.


Summaries of

People v. Phelps

Appellate Division of the Supreme Court of New York, First Department
Jan 7, 1999
257 A.D.2d 411 (N.Y. App. Div. 1999)
Case details for

People v. Phelps

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN PHELPS, Appellant

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

Date published: Jan 7, 1999

Citations

257 A.D.2d 411 (N.Y. App. Div. 1999)
684 N.Y.S.2d 190