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People v. Pecchio

13 A.D.3d 559, 787 N.Y.S.2d 372, 2004 N.Y. App. Div. LEXIS 15572
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 20, 2004
StatusPublished

This text of 13 A.D.3d 559 (People v. Pecchio) 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. Pecchio, 13 A.D.3d 559, 787 N.Y.S.2d 372, 2004 N.Y. App. Div. LEXIS 15572 (N.Y. Ct. App. 2004).

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered May 1, 2003, convicting him of robbery in the third degree and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the Supreme Court erred in admitting testimony that following a conversation the defendant’s sister had with the owners of a local store, the complainant’s chain, which had been stolen, appeared in the store. This contention, and the contention that the prosecution improperly commented upon it, is partially unpreserved for appellate review (see People v Rosen, 96 NY2d 329, 335 [2001], cert denied 534 US 899 [2001]; People v Weston, 56 NY2d 844, 846 [1982]; People v Ryant, 278 AD2d 345 [2000]), and, in any event, does not require reversal (see People v Crimmins, 36 NY2d 230 [1975]; People v Marks, 243 AD2d 654 [1997]; People v Gonzalez, 133 AD2d 123 [1987]). Florio, J.P., Schmidt, Adams and Cozier, JJ., concur.

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Related

People v. Rosen
752 N.E.2d 844 (New York Court of Appeals, 2001)
People v. Crimmins
326 N.E.2d 787 (New York Court of Appeals, 1975)
People v. Weston
438 N.E.2d 873 (New York Court of Appeals, 1982)
People v. Gonzalez
133 A.D.2d 123 (Appellate Division of the Supreme Court of New York, 1987)
People v. Marks
243 A.D.2d 654 (Appellate Division of the Supreme Court of New York, 1997)
People v. Ryant
278 A.D.2d 345 (Appellate Division of the Supreme Court of New York, 2000)

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Bluebook (online)
13 A.D.3d 559, 787 N.Y.S.2d 372, 2004 N.Y. App. Div. LEXIS 15572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pecchio-nyappdiv-2004.