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People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Oct 1, 2002
298 A.D.2d 102 (N.Y. App. Div. 2002)

Opinion

1677

October 1, 2002.

Judgment, Supreme Court, Bronx County (Michael Gross, J.), rendered July 17, 2000, convicting defendant, after a jury trial, of manslaughter in the first degree and assault in the second degree, and sentencing him to consecutive terms of 12 to 25 years and 3 to 7 years, unanimously affirmed.

CHERYL D. HARRIS, for respondent.

JAN HOTH-UZZO, for defendant-appellant.

Before: Williams, P.J., Mazzarelli, Sullivan, Rosenberger, Gonzalez, JJ.


Testimony by a detective concerning a testifying eyewitness's description of defendant was properly admitted to explain police action (see People v. Parris, 247 A.D.2d 221, lv denied 91 N.Y.2d 944) . In any event, were we to find this testimony to be improper bolstering, we would find the error to be harmless in view of the strength of the identification testimony (see People v. Johnson, 57 N.Y.2d 969).

We perceive no basis for a reduction of sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Rivera

Appellate Division of the Supreme Court of New York, First Department
Oct 1, 2002
298 A.D.2d 102 (N.Y. App. Div. 2002)
Case details for

People v. Rivera

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. JUAN RIVERA…

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

Date published: Oct 1, 2002

Citations

298 A.D.2d 102 (N.Y. App. Div. 2002)
747 N.Y.S.2d 371