People v. Sparrow

Appellate Division of the Supreme Court of New York

People v. Sparrow

167 A.D.2d 963, 563 N.Y.S.2d 703, 1990 N.Y. App. Div. LEXIS 14565

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

DecidedNovember 16, 1990

StatusPublished

This text of 167 A.D.2d 963 (People v. Sparrow) 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. Sparrow, 167 A.D.2d 963, 563 N.Y.S.2d 703, 1990 N.Y. App. Div. LEXIS 14565 (N.Y. Ct. App. 1990).

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Opinion

Judgment unanimously affirmed. Memorandum: Defendant contends that the evidence was legally insufficient to sustain his conviction because the testimony of the accomplices was not sufficiently corroborated (see, CPL 60.22 [1]). From our review of the record, we conclude that there was ample evidence which, when viewed as a whole, connected defendant to the commission of the murder and assault (see, People v Moses, 63 NY2d 299). Defendant also contends that portions of the rebuttal testimony of Officer [964]*964Clark were improperly admitted. Either no objection was made to the challenged testimony or, if objection was made, it was sustained and defense counsel did not request further curative instructions. Therefore, the issue has not been preserved for our review (see, CPL 470.05 [2]; People v Dawson, 50 NY2d 311, 316, 324). (Appeal from judgment of Monroe County Court, Celli, J.—murder, second degree.) Present— Doerr, J. P., Denman, Boomer, Pine and Lawton, JJ.

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Judgment unanimously affirmed. Memorandum: Defendant contends that the evidence was legally insufficient to sustain his conviction because the testimony of the accomplices was not sufficiently corroborated (see, CPL 60.22 [1]). From our review of the record, we conclude that there was ample evidence which, when viewed as a whole, connected defendant to the commission of the murder and assault (see, People v Moses, 63 NY2d 299). Defendant also contends that portions of the rebuttal testimony of Officer [964]*964Clark were improperly admitted. Either no objection was made to the challenged testimony or, if objection was made, it was sustained and defense counsel did not request further curative instructions. Therefore, the issue has not been preserved for our review (see, CPL 470.05 [2]; People v Dawson, 50 NY2d 311, 316, 324). (Appeal from judgment of Monroe County Court, Celli, J.—murder, second degree.) Present— Doerr, J. P., Denman, Boomer, Pine and Lawton, JJ.

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Bluebook (online)

167 A.D.2d 963, 563 N.Y.S.2d 703, 1990 N.Y. App. Div. LEXIS 14565, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sparrow-nyappdiv-1990.

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