People v. Coble

Appellate Division of the Supreme Court of New York

People v. Coble

115 A.D.2d 250, 495 N.Y.S.2d 832, 1985 N.Y. App. Div. LEXIS 54501

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

DecidedNovember 15, 1985

StatusPublished

This text of 115 A.D.2d 250 (People v. Coble) 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. Coble, 115 A.D.2d 250, 495 N.Y.S.2d 832, 1985 N.Y. App. Div. LEXIS 54501 (N.Y. Ct. App. 1985).

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Opinion

Judgment unanimously affirmed. Memorandum: Defendant, who was convicted of criminal possession of stolen property in the second degree, argues that it was error to admit evidence at trial which was the subject of another pending indictment. The evidence was probative of defendant’s knowledge that the property was stolen, an element of criminal possession of stolen property (Penal Law § 165.45 [2]), and we find that its probative value outweighed any potential prejudice (People v Allweiss, 48 NY2d 40, 47). Although we find some prosecutorial misconduct, we do not find that defendant was thereby deprived of a fair trial (People v Hopkins, 58 NY2d 1079, 1083). We have examined defendant’s other arguments and find them to be without merit. (Appeal from judgment of Supreme Court, Erie County, Ostrowski, J.—criminal possession of stolen property, second degree.) Present—Callahan, J. P., Denman, Boomer, Green and Pine, JJ.

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Judgment unanimously affirmed. Memorandum: Defendant, who was convicted of criminal possession of stolen property in the second degree, argues that it was error to admit evidence at trial which was the subject of another pending indictment. The evidence was probative of defendant’s knowledge that the property was stolen, an element of criminal possession of stolen property (Penal Law § 165.45 [2]), and we find that its probative value outweighed any potential prejudice (People v Allweiss, 48 NY2d 40, 47). Although we find some prosecutorial misconduct, we do not find that defendant was thereby deprived of a fair trial (People v Hopkins, 58 NY2d 1079, 1083). We have examined defendant’s other arguments and find them to be without merit. (Appeal from judgment of Supreme Court, Erie County, Ostrowski, J.—criminal possession of stolen property, second degree.) Present—Callahan, J. P., Denman, Boomer, Green and Pine, JJ.

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Bluebook (online)

115 A.D.2d 250, 495 N.Y.S.2d 832, 1985 N.Y. App. Div. LEXIS 54501, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-coble-nyappdiv-1985.

Opinion

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