People v. Locicero

Appellate Division of the Supreme Court of New York

People v. Locicero

119 A.D.2d 699, 500 N.Y.S.2d 821, 1986 N.Y. App. Div. LEXIS 55620

Appellate Division of the Supreme Court of the State of New York·Decided April 14, 1986·Published

Opinion

— Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Delaney, J.), rendered June 1, 1984, convicting him of assault in the first degree, assault in the second degree, criminal possession of a weapon in the fourth degree (two counts), and unlawful possession of marihuana, upon a jury verdict, and imposing sentence.

Judgment affirmed.

In this trial concerning a stabbing which occurred in an establishment characterized by defense counsel as a "motorcycle bar”, the prosecutor’s single question to a defense witness as to her membership in a motorcycle club known as "Satan’s Soldiers”, although improper (see, People v Stewart, 92 AD2d 226; People v Gadsden, 80 AD2d 508; People v Torres, 72 AD2d 754), did not amount to drastic misconduct (see, People v Galloway, 54 NY2d 396, 398) and therefore did not substantially prejudice the defendant’s trial (see, People v Galloway, [700]*700supra). Furthermore, the evidence established the defendant’s guilt beyond a reasonable doubt.

We have considered the defendant’s other contentions and find them to be without merit. Lazer, J. P., Niehoff, Kooper and Spatt, JJ., concur.

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— Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Delaney, J.), rendered June 1, 1984, convicting him of assault in the first degree, assault in the second degree, criminal possession of a weapon in the fourth degree (two counts), and unlawful possession of marihuana, upon a jury verdict, and imposing sentence.

Judgment affirmed.

In this trial concerning a stabbing which occurred in an establishment characterized by defense counsel as a "motorcycle bar”, the prosecutor’s single question to a defense witness as to her membership in a motorcycle club known as "Satan’s Soldiers”, although improper (see, People v Stewart, 92 AD2d 226; People v Gadsden, 80 AD2d 508; People v Torres, 72 AD2d 754), did not amount to drastic misconduct (see, People v Galloway, 54 NY2d 396, 398) and therefore did not substantially prejudice the defendant’s trial (see, People v Galloway, [700]*700supra). Furthermore, the evidence established the defendant’s guilt beyond a reasonable doubt.

We have considered the defendant’s other contentions and find them to be without merit. Lazer, J. P., Niehoff, Kooper and Spatt, JJ., concur.

People v. Locicero, 119 A.D.2d 699, 500 N.Y.S.2d 821, 1986 N.Y. App. Div. LEXIS 55620 (N.Y. Ct. App. 1986).

Pincite

119 A.D.2d 699 (People v. Locicero) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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