People v. Classen

Appellate Division of the Supreme Court of New York

People v. Classen

187 A.D.2d 279, 590 N.Y.S.2d 698, 1992 N.Y. App. Div. LEXIS 12618

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

DecidedNovember 5, 1992

StatusPublished

This text of 187 A.D.2d 279 (People v. Classen) 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. Classen, 187 A.D.2d 279, 590 N.Y.S.2d 698, 1992 N.Y. App. Div. LEXIS 12618 (N.Y. Ct. App. 1992).

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Opinion

Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered May 2, 1991, convicting defendant after a jury trial, of robbery in the first degree and sentencing him as a second violent felony offender to a term of 10 to 20 years, to be served concurrent with a term of 6 to 12 years, imposed on defendant’s plea of guilty [280]*280before the same court to the charge of robbery in the first degree, unanimously affirmed.

Defendant, who was recognized by complainant, robbed complainant of a gold chain at gunpoint. Complainant immediately informed the police and subsequently identified the defendant in a lineup. While the trial court interjected its opinion on two occasions as to the relevance of counsel’s cross-examination, and made an observation as to the relative sizes of defendant and the complainant, any potential prejudice was minimized by the court’s immediate and comprehensive curative instructions (People v Almeida, 159 AD2d 508, 509, lv denied 76 NY2d 730; cf., People v Comer, 73 NY2d 955, 956-957).

We have examined defendant’s remaining contentions and find them to be without merit. Concur—Sullivan, J. P., Wallach, Kupferman and Kassal, JJ.

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Judgment, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered May 2, 1991, convicting defendant after a jury trial, of robbery in the first degree and sentencing him as a second violent felony offender to a term of 10 to 20 years, to be served concurrent with a term of 6 to 12 years, imposed on defendant’s plea of guilty [280]*280before the same court to the charge of robbery in the first degree, unanimously affirmed.

Defendant, who was recognized by complainant, robbed complainant of a gold chain at gunpoint. Complainant immediately informed the police and subsequently identified the defendant in a lineup. While the trial court interjected its opinion on two occasions as to the relevance of counsel’s cross-examination, and made an observation as to the relative sizes of defendant and the complainant, any potential prejudice was minimized by the court’s immediate and comprehensive curative instructions (People v Almeida, 159 AD2d 508, 509, lv denied 76 NY2d 730; cf., People v Comer, 73 NY2d 955, 956-957).

We have examined defendant’s remaining contentions and find them to be without merit. Concur—Sullivan, J. P., Wallach, Kupferman and Kassal, JJ.

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Bluebook (online)

187 A.D.2d 279, 590 N.Y.S.2d 698, 1992 N.Y. App. Div. LEXIS 12618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-classen-nyappdiv-1992.

Opinion

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