People v. Burnell

Appellate Division of the Supreme Court of New York

People v. Burnell

112 A.D.2d 1089, 493 N.Y.S.2d 67, 1985 N.Y. App. Div. LEXIS 52297

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

DecidedAugust 26, 1985

StatusPublished

Cited by2 cases

This text of 112 A.D.2d 1089 (People v. Burnell) 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. Burnell, 112 A.D.2d 1089, 493 N.Y.S.2d 67, 1985 N.Y. App. Div. LEXIS 52297 (N.Y. Ct. App. 1985).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County (Kay, J.), rendered October 14, 1982, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The evidence adduced at trial was sufficient to permit a rational trier of fact to conclude, as did the jury at bar, that defendant was guilty of manslaughter in the first degree (Penal Law § 125.20 [1]; People v Contes, 60 NY2d 620, 621; see also, People v Rosenfeld, 93 AD2d 872).

Defendant argues that reversible error occurred when one of the witnesses to the incident in issue testified that when defendant initially approached the group of people which included the victim and the witness, defendant stated to the witness "I stabbed your son”. We conclude that no reversible error occurred because an objection to this prejudicial testimony concerning an uncharged crime was immediately sustained and prompt curative instructions were given (People v Santiago, 52 NY2d 865; People v Young, 48 NY2d 995). Unlike defendant’s first trial, at which three witnesses testified at length concerning defendant’s stabbing of the witness’ son, the challenged testimony here consisted only of the one reference to the uncharged crime, and this reference was promptly cured as noted (see, People v Burnell, 84 AD2d 566, lv denied 55 NY2d 827). Defendant received a fair trial and the judgment of conviction is therefore affirmed. Lazer, J. P., Thompson, O’Connor and Niehoff, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County (Kay, J.), rendered October 14, 1982, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The evidence adduced at trial was sufficient to permit a rational trier of fact to conclude, as did the jury at bar, that defendant was guilty of manslaughter in the first degree (Penal Law § 125.20 [1]; People v Contes, 60 NY2d 620, 621; see also, People v Rosenfeld, 93 AD2d 872).

Defendant argues that reversible error occurred when one of the witnesses to the incident in issue testified that when defendant initially approached the group of people which included the victim and the witness, defendant stated to the witness "I stabbed your son”. We conclude that no reversible error occurred because an objection to this prejudicial testimony concerning an uncharged crime was immediately sustained and prompt curative instructions were given (People v Santiago, 52 NY2d 865; People v Young, 48 NY2d 995). Unlike defendant’s first trial, at which three witnesses testified at length concerning defendant’s stabbing of the witness’ son, the challenged testimony here consisted only of the one reference to the uncharged crime, and this reference was promptly cured as noted (see, People v Burnell, 84 AD2d 566, lv denied 55 NY2d 827). Defendant received a fair trial and the judgment of conviction is therefore affirmed. Lazer, J. P., Thompson, O’Connor and Niehoff, JJ., concur.

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Bluebook (online)

112 A.D.2d 1089, 493 N.Y.S.2d 67, 1985 N.Y. App. Div. LEXIS 52297, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-burnell-nyappdiv-1985.

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