From Casetext: Smarter Legal Research

People v. Vega

Appellate Division of the Supreme Court of New York, First Department
Jun 26, 1997
240 A.D.2d 347 (N.Y. App. Div. 1997)

Opinion

June 26, 1997

Appeal from Supreme Court, New York County (Jay Gold, J.).


The court properly exercised its discretion in denying defendant's application to conduct a courtroom demonstration ( see, People v. Acevedo, 40 N.Y.2d 701, 704). The proposed demonstration would not have accurately recreated the conditions existing during the incident, and would likely have caused confusion among the jurors ( see, People v. Scarola, 71 N.Y.2d 769, 777; People v. Esquilin, 207 A.D.2d 686, lv denied 84 N.Y.2d 907; People v. Gregg, 203 A.D.2d 188, 189, lv denied 83 N.Y.2d 911).

Concur — Sullivan, J.P., Milonas, Ellerin, Tom and Mazzarelli, JJ.


Summaries of

People v. Vega

Appellate Division of the Supreme Court of New York, First Department
Jun 26, 1997
240 A.D.2d 347 (N.Y. App. Div. 1997)
Case details for

People v. Vega

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REYES VEGA, Appellant

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

Date published: Jun 26, 1997

Citations

240 A.D.2d 347 (N.Y. App. Div. 1997)
659 N.Y.S.2d 762

Citing Cases

State of N.Y. v. Caballero

Therefore, "the trial court itself must decide in the exercise of a sound discretion based on the nature of…

People v. Mercereau

Here, since the expert's parameters for his experiment were based on speculation, the conditions created…