People v. DiMattina

Appellate Division of the Supreme Court of New York

People v. DiMattina

149 A.D.2d 725, 540 N.Y.S.2d 332, 1989 N.Y. App. Div. LEXIS 5388

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

DecidedApril 24, 1989

StatusPublished

Cited by2 cases

This text of 149 A.D.2d 725 (People v. DiMattina) 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. DiMattina, 149 A.D.2d 725, 540 N.Y.S.2d 332, 1989 N.Y. App. Div. LEXIS 5388 (N.Y. Ct. App. 1989).

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Opinion

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered January 14, 1987, convicting him of grand lar[726]*726ceny in the third degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court did not improvidently exercise its discretion in excluding the testimony of the defendant’s witness, Cuthbert Jones, to the effect that the president of the company whose goods were stolen had threatened him with harm if Jones induced the company’s employees to talk to the defendant. The company president did not testify at trial, and Jones’s testimony was therefore not relevant on the issue of the credibility of any prosecution witness. We further note that the jury had before it ample evidence of the company’s interest in establishing employee theft, specifically, its insurance claim based on such theft. Thus, insofar as the testimony of Jones would have tended to show a motive to lie, it was cumulative.

We have considered the defendant’s remaining contentions and have found them to be without merit. Lawrence, J. P., Sullivan, Harwood and Balletta, JJ., concur.

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— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered January 14, 1987, convicting him of grand lar[726]*726ceny in the third degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court did not improvidently exercise its discretion in excluding the testimony of the defendant’s witness, Cuthbert Jones, to the effect that the president of the company whose goods were stolen had threatened him with harm if Jones induced the company’s employees to talk to the defendant. The company president did not testify at trial, and Jones’s testimony was therefore not relevant on the issue of the credibility of any prosecution witness. We further note that the jury had before it ample evidence of the company’s interest in establishing employee theft, specifically, its insurance claim based on such theft. Thus, insofar as the testimony of Jones would have tended to show a motive to lie, it was cumulative.

We have considered the defendant’s remaining contentions and have found them to be without merit. Lawrence, J. P., Sullivan, Harwood and Balletta, JJ., concur.

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Bluebook (online)

149 A.D.2d 725, 540 N.Y.S.2d 332, 1989 N.Y. App. Div. LEXIS 5388, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dimattina-nyappdiv-1989.

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