People v. Barone

Appellate Division of the Supreme Court of New York

People v. Barone

122 A.D.2d 611, 505 N.Y.S.2d 282, 1986 N.Y. App. Div. LEXIS 59895

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 11, 1986

StatusPublished

This text of 122 A.D.2d 611 (People v. Barone) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Barone, 122 A.D.2d 611, 505 N.Y.S.2d 282, 1986 N.Y. App. Div. LEXIS 59895 (N.Y. Ct. App. 1986).

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Opinion

— Judgment unanimously affirmed. Memorandum: The judgment convicting defendant of murder in the second degree, burglary in the first degree, and robbery in the first degree was previously affirmed (see, People v Barone, 109 AD2d 1075). On reargument, defendant contends that the court failed to charge that the convictions of defendant’s accomplices, who testified at defendant’s trial, were admissible only on the issue of credibility and could not be considered as probative of defendant’s guilt.

The argument is without merit. The court’s charge on this issue was brief, but adequate. Moreover, the issue is not preserved for review (CPL 470.05 [2]), and, in any event, defendant was not deprived of a fair trial (see, CPL 470.15 [6] [a]). (Reargument of appeal from judgment of Chautauqua County Court, Adams, J. — murder, second degree.) Present— Dillon, P. J., Callahan, Denman, Green and Pine, JJ.

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— Judgment unanimously affirmed. Memorandum: The judgment convicting defendant of murder in the second degree, burglary in the first degree, and robbery in the first degree was previously affirmed (see, People v Barone, 109 AD2d 1075). On reargument, defendant contends that the court failed to charge that the convictions of defendant’s accomplices, who testified at defendant’s trial, were admissible only on the issue of credibility and could not be considered as probative of defendant’s guilt.

The argument is without merit. The court’s charge on this issue was brief, but adequate. Moreover, the issue is not preserved for review (CPL 470.05 [2]), and, in any event, defendant was not deprived of a fair trial (see, CPL 470.15 [6] [a]). (Reargument of appeal from judgment of Chautauqua County Court, Adams, J. — murder, second degree.) Present— Dillon, P. J., Callahan, Denman, Green and Pine, JJ.

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Bluebook (online)

122 A.D.2d 611, 505 N.Y.S.2d 282, 1986 N.Y. App. Div. LEXIS 59895, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-barone-nyappdiv-1986.

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