People v. Rodriguez

Appellate Division of the Supreme Court of New York

People v. Rodriguez

32 A.D.2d 783, 302 N.Y.S.2d 197, 1969 N.Y. App. Div. LEXIS 3868

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

DecidedJune 2, 1969

StatusPublished

This text of 32 A.D.2d 783 (People v. Rodriguez) 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. Rodriguez, 32 A.D.2d 783, 302 N.Y.S.2d 197, 1969 N.Y. App. Div. LEXIS 3868 (N.Y. Ct. App. 1969).

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Opinion

Appeal from a judgment of the Supreme 'Court, Kings County, rendered March 26, 1968, convicting defendant selling as a felony (2 counts), possession of narcotics with intent to sell, as a felony (2 counts), and possession of narcotics, as a misdemeanor (2 counts), upon a jury verdict, and imposing sentence. Judgment affirmed. The proof clearly established defendant’s guilt. While it was error for the court not to admit Marcos Guadalupe’s memo book in evidence (see CPLR 4518), it is our opinion that the error may he disregarded under section 542 of the Code of Criminal Procedure. The entries made in the book had no more probative value than Guadalupe’s oral testimony and would not have added any support to defendant’s alibi defense. We have examined defendant’s other contentions and find no grounds [784]*784therein for disturbing the judgment. Beldock, P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

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Appeal from a judgment of the Supreme 'Court, Kings County, rendered March 26, 1968, convicting defendant selling as a felony (2 counts), possession of narcotics with intent to sell, as a felony (2 counts), and possession of narcotics, as a misdemeanor (2 counts), upon a jury verdict, and imposing sentence. Judgment affirmed. The proof clearly established defendant’s guilt. While it was error for the court not to admit Marcos Guadalupe’s memo book in evidence (see CPLR 4518), it is our opinion that the error may he disregarded under section 542 of the Code of Criminal Procedure. The entries made in the book had no more probative value than Guadalupe’s oral testimony and would not have added any support to defendant’s alibi defense. We have examined defendant’s other contentions and find no grounds [784]*784therein for disturbing the judgment. Beldock, P. J., Christ, Brennan, Rabin and Hopkins, JJ., concur.

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Bluebook (online)

32 A.D.2d 783, 302 N.Y.S.2d 197, 1969 N.Y. App. Div. LEXIS 3868, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-rodriguez-nyappdiv-1969.