People v. Cody

Appellate Division of the Supreme Court of New York

People v. Cody

149 A.D.2d 722, 540 N.Y.S.2d 512, 1989 N.Y. App. Div. LEXIS 5320

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

DecidedApril 24, 1989

StatusPublished

Cited by9 cases

This text of 149 A.D.2d 722 (People v. Cody) 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. Cody, 149 A.D.2d 722, 540 N.Y.S.2d 512, 1989 N.Y. App. Div. LEXIS 5320 (N.Y. Ct. App. 1989).

Pincite

Opinion

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered March 3, 1986, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that he was denied a fair trial by the admission of testimony relating to his prior bad acts and uncharged crimes (see, People v Molineux, 168 NY 264, 293). We disagree. Initially we note that many of the defendant’s claims in this regard have not been preserved for appellate review (CPL 470.05 [2]; People v Medina, 53 NY2d 951). In any event, in light of the overwhelming evidence of the defendant’s guilt in this case, including the testimony of three eyewitnesses to the crime, one of whom was the defendant’s own son, any error in admitting the testimony of which the defendant complains was harmless beyond a reasonable doubt (see, People v Cook, 42 NY2d 204, 209; People v Crimmins, 36 NY2d 230, 240; cf., People v McKinney, 24 NY2d 180; People v Bolling, 120 AD2d 601, 602).

We find no basis for modifying the sentence imposed by the trial court (see, People v Suitte, 90 AD2d 80). Thompson, J. P., Bracken, Brown and Harwood, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Egitto, J.), rendered March 3, 1986, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that he was denied a fair trial by the admission of testimony relating to his prior bad acts and uncharged crimes (see, People v Molineux, 168 NY 264, 293). We disagree. Initially we note that many of the defendant’s claims in this regard have not been preserved for appellate review (CPL 470.05 [2]; People v Medina, 53 NY2d 951). In any event, in light of the overwhelming evidence of the defendant’s guilt in this case, including the testimony of three eyewitnesses to the crime, one of whom was the defendant’s own son, any error in admitting the testimony of which the defendant complains was harmless beyond a reasonable doubt (see, People v Cook, 42 NY2d 204, 209; People v Crimmins, 36 NY2d 230, 240; cf., People v McKinney, 24 NY2d 180; People v Bolling, 120 AD2d 601, 602).

We find no basis for modifying the sentence imposed by the trial court (see, People v Suitte, 90 AD2d 80). Thompson, J. P., Bracken, Brown and Harwood, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

149 A.D.2d 722, 540 N.Y.S.2d 512, 1989 N.Y. App. Div. LEXIS 5320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cody-nyappdiv-1989.

Opinion

Related

Cite This Page — Counsel Stack