People v. Morrison

Appellate Division of the Supreme Court of New York

People v. Morrison

247 A.D.2d 492, 668 N.Y.S.2d 94, 1998 N.Y. App. Div. LEXIS 1046

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

DecidedFebruary 9, 1998

StatusPublished

Cited by1 cases

This text of 247 A.D.2d 492 (People v. Morrison) 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. Morrison, 247 A.D.2d 492, 668 N.Y.S.2d 94, 1998 N.Y. App. Div. LEXIS 1046 (N.Y. Ct. App. 1998).

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Opinion

Appeal by the defendant from a judgment of the County Court, Putnam County (Sweeny, J.), rendered March 4, 1997, convicting him of sexual abuse in the third degree (13 counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that it was reversible error to admit the testimony of several of his former patients (see, CPL 470.05 [2]; People v Washington, 169 AD2d 795). In any event, the contention is without merit because the challenged testimony was relevant to prove the defendant’s intent (see, People v Webb, 203 AD2d 606) and to negate the defense of mistake or accident (see, People v Molineux, 168 NY 264, 291-293; Richardson, Evidence §§ 170, 172 [Prince 10th ed]).

Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]). Furthermore, the sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are without merit.

Mangano, P. J., Joy, Altman and Luciano, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Putnam County (Sweeny, J.), rendered March 4, 1997, convicting him of sexual abuse in the third degree (13 counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that it was reversible error to admit the testimony of several of his former patients (see, CPL 470.05 [2]; People v Washington, 169 AD2d 795). In any event, the contention is without merit because the challenged testimony was relevant to prove the defendant’s intent (see, People v Webb, 203 AD2d 606) and to negate the defense of mistake or accident (see, People v Molineux, 168 NY 264, 291-293; Richardson, Evidence §§ 170, 172 [Prince 10th ed]).

Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]). Furthermore, the sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are without merit.

Mangano, P. J., Joy, Altman and Luciano, JJ., concur.

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Bluebook (online)

247 A.D.2d 492, 668 N.Y.S.2d 94, 1998 N.Y. App. Div. LEXIS 1046, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-morrison-nyappdiv-1998.

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