People v. Blythe

Appellate Division of the Supreme Court of New York

People v. Blythe

262 A.D.2d 199, 691 N.Y.S.2d 768, 1999 N.Y. App. Div. LEXIS 7408

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

DecidedJune 22, 1999

StatusPublished

This text of 262 A.D.2d 199 (People v. Blythe) 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. Blythe, 262 A.D.2d 199, 691 N.Y.S.2d 768, 1999 N.Y. App. Div. LEXIS 7408 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, Bronx County (Ira Globerman, J.), rendered April 19, 1996, convicting defendant, after a jury trial, of manslaughter in the first degree and criminal use of a firearm in the first degree, and sentencing him to concurrent terms of 8 Vs to 25 years and 10 to 20 years, respectively, unanimously affirmed.

A review of defendant’s cross-examination of the eyewitness clearly establishes that defendant opened the door to the challenged testimony concerning a photographic identification (see, People v Melendez, 55 NY2d 445).

We perceive no abuse of sentencing discretion. Concur— Rosenberger, J. P., Williams, Tom, Wallach and Buckley, JJ.

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—Judgment, Supreme Court, Bronx County (Ira Globerman, J.), rendered April 19, 1996, convicting defendant, after a jury trial, of manslaughter in the first degree and criminal use of a firearm in the first degree, and sentencing him to concurrent terms of 8 Vs to 25 years and 10 to 20 years, respectively, unanimously affirmed.

A review of defendant’s cross-examination of the eyewitness clearly establishes that defendant opened the door to the challenged testimony concerning a photographic identification (see, People v Melendez, 55 NY2d 445).

We perceive no abuse of sentencing discretion. Concur— Rosenberger, J. P., Williams, Tom, Wallach and Buckley, JJ.

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Bluebook (online)

262 A.D.2d 199, 691 N.Y.S.2d 768, 1999 N.Y. App. Div. LEXIS 7408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-blythe-nyappdiv-1999.

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