People v. Ode

Appellate Division of the Supreme Court of New York

People v. Ode

149 A.D.2d 925, 539 N.Y.S.2d 833, 1989 N.Y. App. Div. LEXIS 5926

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

DecidedApril 14, 1989

StatusPublished

This text of 149 A.D.2d 925 (People v. Ode) 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. Ode, 149 A.D.2d 925, 539 N.Y.S.2d 833, 1989 N.Y. App. Div. LEXIS 5926 (N.Y. Ct. App. 1989).

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Opinion

— Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of felony murder and first degree robbery, defendant’s attorney and defendant pro se raise several claims, some unpreserved and none requiring reversal. The trial court properly received the testimony of the People’s expert concerning the bullet fragments because it was not speculative. The evidence amply supported the convictions. The prosecutor’s reference to the codefendant’s guilty plea did not prejudice the defendant because the codefendant acknowledged the plea in his trial testimony, and defendant’s attorney used the codefendant’s plea to impeach him. On this record defendant’s sentence is not excessive. (Appeal from judgment of Monroe County Court, Bergin, J. — murder, second degree.) Present — Dillon, P. J., Denman, Boomer, Green and Lawton, JJ.

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— Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of felony murder and first degree robbery, defendant’s attorney and defendant pro se raise several claims, some unpreserved and none requiring reversal. The trial court properly received the testimony of the People’s expert concerning the bullet fragments because it was not speculative. The evidence amply supported the convictions. The prosecutor’s reference to the codefendant’s guilty plea did not prejudice the defendant because the codefendant acknowledged the plea in his trial testimony, and defendant’s attorney used the codefendant’s plea to impeach him. On this record defendant’s sentence is not excessive. (Appeal from judgment of Monroe County Court, Bergin, J. — murder, second degree.) Present — Dillon, P. J., Denman, Boomer, Green and Lawton, JJ.

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Bluebook (online)

149 A.D.2d 925, 539 N.Y.S.2d 833, 1989 N.Y. App. Div. LEXIS 5926, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ode-nyappdiv-1989.