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People v. Rhodes

Appellate Division of the Supreme Court of New York, Second Department
Dec 10, 2001
289 A.D.2d 342 (N.Y. App. Div. 2001)

Opinion

2000-06438

Submitted November 26, 2001.

December 10, 2001.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered June 22, 2000, convicting him of attempted burglary in the second degree and possession of burglar's tools, upon a jury verdict, and imposing sentence.

LYNN W. L. FAHEY, New York, N.Y. (RACHEL ALTSTEIN of counsel), for appellant.

RICHARD A. BROWN, District Attorney, Kew Gardens, N.Y. (JOHN M. CASTELLANO and LISA DRURY of counsel; JOHN F. MCGOLDRICK on the brief), for respondent.

Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, STEPHEN G. CRANE, A. GAIL PRUDENTI, JJ.


ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the police officer was qualified to testify as an expert on the different types of burglar's tools and on how those tools are used to carry out a burglary. The police officer had been involved in burglary investigations, had previously arrested people engaged in burglary activities, and had seized burglar's tools on several occasions. Furthermore, since the different types of burglar's tools and their uses are not within the common knowledge or experience of the average layperson, the Supreme Court properly admitted the expert testimony (see, People v. Parker, 125 A.D.2d 340).

ALTMAN, J.P., S. MILLER, CRANE and PRUDENTI, JJ., concur.


Summaries of

People v. Rhodes

Appellate Division of the Supreme Court of New York, Second Department
Dec 10, 2001
289 A.D.2d 342 (N.Y. App. Div. 2001)
Case details for

People v. Rhodes

Case Details

Full title:THE PEOPLE, ETC., Respondent, v. CECIL RHODES, Appellant

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

Date published: Dec 10, 2001

Citations

289 A.D.2d 342 (N.Y. App. Div. 2001)
734 N.Y.S.2d 569