From Casetext: Smarter Legal Research

People v. Walker

Appellate Division of the Supreme Court of New York, First Department
Mar 28, 1996
225 A.D.2d 507 (N.Y. App. Div. 1996)

Opinion

March 28, 1996

Appeal from the Supreme Court, New York County (Edward Sheridan, J.).


Although there was a Molineux error arising out of testimony that defendant had been arrested in connection with another robbery, the reference was brief, inadvertent and not repeated ( People v Colon, 203 A.D.2d 171, lv denied 83 N.Y.2d 966; People v Maisonet, 209 A.D.2d 297, lv denied 85 N.Y.2d 864, cert denied ___ US ___, 116 S Ct 56), the record was sanitized immediately ( cf., People v Barranco, 174 A.D.2d 343), a limiting instruction was given at the close of evidence that the jury is presumed to have followed ( see, People v Owens, 214 A.D.2d 480, lv denied 86 N.Y.2d 799; cf., People v Taveras, 143 A.D.2d 208), and there is no significant likelihood that the jury would have acquitted but for the error ( People v Simmons, 204 A.D.2d 214, lv denied 84 N.Y.2d 872), making the error harmless. Defendant's remaining contentions are without merit.

Concur — Milonas, J.P., Ellerin, Wallach, Nardelli and Mazzarelli, JJ.


Summaries of

People v. Walker

Appellate Division of the Supreme Court of New York, First Department
Mar 28, 1996
225 A.D.2d 507 (N.Y. App. Div. 1996)
Case details for

People v. Walker

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HAROLD WALKER…

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

Date published: Mar 28, 1996

Citations

225 A.D.2d 507 (N.Y. App. Div. 1996)
640 N.Y.S.2d 36

Citing Cases

People v. Turcotte

Nonetheless, after defendant objected, the People withdrew the question and County Court immediately…

People v. Turcotte

Nonetheless, after defendant objected, the People withdrew the question and County Court immediately…