People v. Christie

Appellate Division of the Supreme Court of New York

People v. Christie

278 A.D.2d 37, 717 N.Y.S.2d 523, 2000 N.Y. App. Div. LEXIS 12635

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

DecidedDecember 7, 2000

StatusPublished

Cited by1 cases

This text of 278 A.D.2d 37 (People v. Christie) 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. Christie, 278 A.D.2d 37, 717 N.Y.S.2d 523, 2000 N.Y. App. Div. LEXIS 12635 (N.Y. Ct. App. 2000).

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Opinion

Judgment, Supreme Court, New York County (John Stackhouse, J.), [38]*38rendered July 30, 1997, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 7 years, unanimously affirmed.

The court properly denied defendant’s request to have the testimony of a witness who testified at defendant’s first trial admitted into evidence since defendant failed to meet his burden of establishing that the witness could not “with due diligence be brought before the court” (CPL 670.10 [1]; People v Broome, 222 AD2d 1094). In any event, upon our review of the entire trial, we conclude that there was no reasonable possibility that this witness’s testimony would have affected the verdict.

We perceive no basis for reduction of sentence.

Defendant’s remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them. Concur — Mazzarelli, J. P., Wallach, Andrias, Saxe and Buckley, JJ.

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Judgment, Supreme Court, New York County (John Stackhouse, J.), [38]*38rendered July 30, 1997, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 7 years, unanimously affirmed.

The court properly denied defendant’s request to have the testimony of a witness who testified at defendant’s first trial admitted into evidence since defendant failed to meet his burden of establishing that the witness could not “with due diligence be brought before the court” (CPL 670.10 [1]; People v Broome, 222 AD2d 1094). In any event, upon our review of the entire trial, we conclude that there was no reasonable possibility that this witness’s testimony would have affected the verdict.

We perceive no basis for reduction of sentence.

Defendant’s remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them. Concur — Mazzarelli, J. P., Wallach, Andrias, Saxe and Buckley, JJ.

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Bluebook (online)

278 A.D.2d 37, 717 N.Y.S.2d 523, 2000 N.Y. App. Div. LEXIS 12635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-christie-nyappdiv-2000.

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