People v. Alston

Appellate Division of the Supreme Court of New York

People v. Alston

62 A.D.2d 1020, 403 N.Y.S.2d 554, 1978 N.Y. App. Div. LEXIS 11077

Procedural entryThis page is a short order in People v. Alston. Read the opinion of the Court — 77 A.D.2d 906 →

Appellate Division of the Supreme Court of the State of New York·Decided April 10, 1978·Published

Opinion

Appeal by defendant from a judgment of the County [1021]*1021Court, Dutchess County, rendered November 1, 1976, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence. Judgment affirmed. While the testimony of the witness Danielson was erroneously admitted, it was of little consequence and took up only 13 pages of the 1,500-page transcript. It is inconceivable that its admission in any way influenced the jury to return the verdict that it did in view of the totality of the evidence, which clearly established defendant’s guilt. Hopkins, J. P., Martuscello, Latham and Shapiro, JJ., concur.

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Appeal by defendant from a judgment of the County [1021]*1021Court, Dutchess County, rendered November 1, 1976, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence. Judgment affirmed. While the testimony of the witness Danielson was erroneously admitted, it was of little consequence and took up only 13 pages of the 1,500-page transcript. It is inconceivable that its admission in any way influenced the jury to return the verdict that it did in view of the totality of the evidence, which clearly established defendant’s guilt. Hopkins, J. P., Martuscello, Latham and Shapiro, JJ., concur.

People v. Alston, 62 A.D.2d 1020, 403 N.Y.S.2d 554, 1978 N.Y. App. Div. LEXIS 11077 (N.Y. Ct. App. 1978).

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