People v. Denson

Appellate Division of the Supreme Court of New York

People v. Denson

166 A.D.2d 244, 560 N.Y.S.2d 446, 1990 N.Y. App. Div. LEXIS 11716

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

DecidedOctober 11, 1990

StatusPublished

This text of 166 A.D.2d 244 (People v. Denson) 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. Denson, 166 A.D.2d 244, 560 N.Y.S.2d 446, 1990 N.Y. App. Div. LEXIS 11716 (N.Y. Ct. App. 1990).

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Opinion

Judgment, Supreme Court, New York County (Herbert J. Adlerberg, J.), rendered March 27, 1989, convicting defendant, after a jury trial, of two counts of robbery in the second degree and sentencing him, as a predicate violent felon, to concurrent indeterminate prison terms of from 6 to 12 years, unanimously affirmed.

At approximately 1:00 a.m. on May 20, 1988, Nicholas [245]*245Poccia was beaten and robbed by defendant and another man on 32nd Street between Broadway and Fifth Avenue. As the attackers fled, Poccia grabbed defendant, and struggled with him until the police arrived.

On direct examination, over defendant’s objection, the arresting officer testified that after he separated Poccia and defendant, he made inquiries and arrested defendant. The prosecutor commented on this testimony in her opening and summation arguments. Notwithstanding that the officer’s testimony implicitly bolstered that of Poccia, it was clearly harmless in light of the reliable identification testimony and overwhelming evidence of guilt (People v Johnson, 57 NY2d 969; People v Crimmins, 36 NY2d 230). Concur—Kupferman, J. P., Sullivan, Carro and Milonas, JJ.

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Judgment, Supreme Court, New York County (Herbert J. Adlerberg, J.), rendered March 27, 1989, convicting defendant, after a jury trial, of two counts of robbery in the second degree and sentencing him, as a predicate violent felon, to concurrent indeterminate prison terms of from 6 to 12 years, unanimously affirmed.

At approximately 1:00 a.m. on May 20, 1988, Nicholas [245]*245Poccia was beaten and robbed by defendant and another man on 32nd Street between Broadway and Fifth Avenue. As the attackers fled, Poccia grabbed defendant, and struggled with him until the police arrived.

On direct examination, over defendant’s objection, the arresting officer testified that after he separated Poccia and defendant, he made inquiries and arrested defendant. The prosecutor commented on this testimony in her opening and summation arguments. Notwithstanding that the officer’s testimony implicitly bolstered that of Poccia, it was clearly harmless in light of the reliable identification testimony and overwhelming evidence of guilt (People v Johnson, 57 NY2d 969; People v Crimmins, 36 NY2d 230). Concur—Kupferman, J. P., Sullivan, Carro and Milonas, JJ.

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Bluebook (online)

166 A.D.2d 244, 560 N.Y.S.2d 446, 1990 N.Y. App. Div. LEXIS 11716, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-denson-nyappdiv-1990.

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