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People v. Spears

98 A.D.2d 984, 470 N.Y.S.2d 235, 1983 N.Y. App. Div. LEXIS 21326
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 16, 1983
StatusPublished

This text of 98 A.D.2d 984 (People v. Spears) 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. Spears, 98 A.D.2d 984, 470 N.Y.S.2d 235, 1983 N.Y. App. Div. LEXIS 21326 (N.Y. Ct. App. 1983).

Opinion

— Judgment unanimously affirmed. Memorandum: The testimony of the complainant that she saw defendant being handcuffed on a street corner nearly a year after the burglary for which he was on trial was inadmissible (see People v Beam, 57 NY2d 241, 250; People v Ventimiglia, 52 NY2d 350, 359; People v Battles, 83 AD2d 164,166). Nonetheless, in light of the strength of the identification testimony, the isolated nature of that remark and the fact that the court promptly instructed the jury to disregard the statement, we find no significant probability that the jury would have acquitted the defendant had [985]*985the improper testimony not been given (People v Crimmins, 36 NY2d 230, 242; see, also, People v Cook, 42 NY2d 204). (Appeal from judgment of Onondaga County Court, Cunningham, J. — burglary, second degree.) Present — Hancock, Jr., J. P., Callahan, Denman, Boomer and Moule, JJ.

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Related

People v. Crimmins
326 N.E.2d 787 (New York Court of Appeals, 1975)
People v. Cook
366 N.E.2d 788 (New York Court of Appeals, 1977)
People v. Ventimiglia
420 N.E.2d 59 (New York Court of Appeals, 1981)
People v. Beam
441 N.E.2d 1093 (New York Court of Appeals, 1982)
People v. Battles
83 A.D.2d 164 (Appellate Division of the Supreme Court of New York, 1981)

Cite This Page — Counsel Stack

Bluebook (online)
98 A.D.2d 984, 470 N.Y.S.2d 235, 1983 N.Y. App. Div. LEXIS 21326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-spears-nyappdiv-1983.