People v. Capers

Appellate Division of the Supreme Court of New York

People v. Capers

295 A.D.2d 928, 744 N.Y.S.2d 740, 2002 N.Y. App. Div. LEXIS 6345

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

DecidedJune 14, 2002

StatusPublished

This text of 295 A.D.2d 928 (People v. Capers) 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. Capers, 295 A.D.2d 928, 744 N.Y.S.2d 740, 2002 N.Y. App. Div. LEXIS 6345 (N.Y. Ct. App. 2002).

Pincite

Opinion

—Appeal from a judgment of Supreme Court, Monroe County (Mark, J.), entered January 6, 2000, convicting defendant after a jury trial of criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of criminal possession of a weapon in the second degree (Penal Law former § 265.03 [2]). Supreme Court properly allowed the People to elicit testimony on redirect examination concerning defendant’s prior possession of the gun at issue (see People v Melendez, 55 NY2d 445, 451). In any event, any alleged error in the admission of that testimony is harmless (see People v Crimmins, 36 NY2d 230, 241-242). The conviction is supported by legally sufficient evidence and the verdict is not against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495). The sentence is neither unduly harsh nor severe. Present—Pigott, Jr., P.J., Pine, Wisner, Scudder and Lawton, JJ.

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—Appeal from a judgment of Supreme Court, Monroe County (Mark, J.), entered January 6, 2000, convicting defendant after a jury trial of criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him after a jury trial of criminal possession of a weapon in the second degree (Penal Law former § 265.03 [2]). Supreme Court properly allowed the People to elicit testimony on redirect examination concerning defendant’s prior possession of the gun at issue (see People v Melendez, 55 NY2d 445, 451). In any event, any alleged error in the admission of that testimony is harmless (see People v Crimmins, 36 NY2d 230, 241-242). The conviction is supported by legally sufficient evidence and the verdict is not against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495). The sentence is neither unduly harsh nor severe. Present—Pigott, Jr., P.J., Pine, Wisner, Scudder and Lawton, JJ.

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Bluebook (online)

295 A.D.2d 928, 744 N.Y.S.2d 740, 2002 N.Y. App. Div. LEXIS 6345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-capers-nyappdiv-2002.

Opinion

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