People v. Priester

Appellate Division of the Supreme Court of New York

People v. Priester

116 A.D.2d 747, 498 N.Y.S.2d 41, 1986 N.Y. App. Div. LEXIS 51603

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

DecidedJanuary 27, 1986

StatusPublished

This text of 116 A.D.2d 747 (People v. Priester) 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. Priester, 116 A.D.2d 747, 498 N.Y.S.2d 41, 1986 N.Y. App. Div. LEXIS 51603 (N.Y. Ct. App. 1986).

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Opinion

— Appeal by defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered June 7, 1984, convicting him of assault in the second degree and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed, and case remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

The complainant was shot at the conclusion of a street scuffle between two hostile groups. At trial, the complainant acknowledged that he had previously been convicted of possession of a handgun after pointing the gun at defendant’s friend, who was a participant in the scuffle.

In its charge, the court instructed the jury that it could consider the prior illegal acts of a witness, as well as his possible bias or prejudice, in assessing the credibility of his testimony. Following the court’s charge, defense counsel requested a supplementary instruction that the jury could also consider complainant’s prior conviction as evidence of his hostility toward defendant. There was no basis upon which [748]*748the jury could infer that the previous confrontation between complainant and defendant’s friend demonstrated hostility toward defendant. Therefore, counsel’s request was properly denied.

Defendant’s remaining contentions have been examined and found to be without merit. Lazer, J. P., Mangano, Brown and Lawrence, JJ., concur.

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— Appeal by defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered June 7, 1984, convicting him of assault in the second degree and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed, and case remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

The complainant was shot at the conclusion of a street scuffle between two hostile groups. At trial, the complainant acknowledged that he had previously been convicted of possession of a handgun after pointing the gun at defendant’s friend, who was a participant in the scuffle.

In its charge, the court instructed the jury that it could consider the prior illegal acts of a witness, as well as his possible bias or prejudice, in assessing the credibility of his testimony. Following the court’s charge, defense counsel requested a supplementary instruction that the jury could also consider complainant’s prior conviction as evidence of his hostility toward defendant. There was no basis upon which [748]*748the jury could infer that the previous confrontation between complainant and defendant’s friend demonstrated hostility toward defendant. Therefore, counsel’s request was properly denied.

Defendant’s remaining contentions have been examined and found to be without merit. Lazer, J. P., Mangano, Brown and Lawrence, JJ., concur.

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Bluebook (online)

116 A.D.2d 747, 498 N.Y.S.2d 41, 1986 N.Y. App. Div. LEXIS 51603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-priester-nyappdiv-1986.