People v. Phelps

Appellate Division of the Supreme Court of New York

People v. Phelps

257 A.D.2d 411, 684 N.Y.S.2d 190, 1999 N.Y. App. Div. LEXIS 37

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

DecidedJanuary 7, 1999

StatusPublished

This text of 257 A.D.2d 411 (People v. Phelps) 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. Phelps, 257 A.D.2d 411, 684 N.Y.S.2d 190, 1999 N.Y. App. Div. LEXIS 37 (N.Y. Ct. App. 1999).

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Opinion

—Judgment, Supreme Court, Bronx County (John Stackhouse, J.), rendered January 3, 1996, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of lxl% to 15 years, unanimously affirmed.

The verdict was not against the weight of the evidence. Credibility issues were properly placed before the jurors for consideration and we perceive no basis for disturbing their determinations (People v Bleakley, 69 NY2d 490).

The court appropriately exercised its discretion in permitting introduction of defendant’s redacted arrest photograph, after the complainant’s in-court identification and testimony that defendant’s appearance had changed significantly from the date of the incident, as relevant to the jury’s ability to assess the reliability of the complainant’s identification testimony (see, People v Nogueras, 196 AD2d 448, lv denied 82 NY2d 900).

We have considered and rejected defendant’s remaining claims, including those contained in his pro se supplemental brief. Concur—Sullivan, J. P., Rosenberger, Williams and Saxe, JJ.

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—Judgment, Supreme Court, Bronx County (John Stackhouse, J.), rendered January 3, 1996, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him, as a second felony offender, to a term of lxl% to 15 years, unanimously affirmed.

The verdict was not against the weight of the evidence. Credibility issues were properly placed before the jurors for consideration and we perceive no basis for disturbing their determinations (People v Bleakley, 69 NY2d 490).

The court appropriately exercised its discretion in permitting introduction of defendant’s redacted arrest photograph, after the complainant’s in-court identification and testimony that defendant’s appearance had changed significantly from the date of the incident, as relevant to the jury’s ability to assess the reliability of the complainant’s identification testimony (see, People v Nogueras, 196 AD2d 448, lv denied 82 NY2d 900).

We have considered and rejected defendant’s remaining claims, including those contained in his pro se supplemental brief. Concur—Sullivan, J. P., Rosenberger, Williams and Saxe, JJ.

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Bluebook (online)

257 A.D.2d 411, 684 N.Y.S.2d 190, 1999 N.Y. App. Div. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-phelps-nyappdiv-1999.

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