People v. Steans

Appellate Division of the Supreme Court of New York

People v. Steans

187 A.D.2d 741, 590 N.Y.S.2d 534, 1992 N.Y. App. Div. LEXIS 13407

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

DecidedNovember 30, 1992

StatusPublished

Cited by3 cases

This text of 187 A.D.2d 741 (People v. Steans) 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. Steans, 187 A.D.2d 741, 590 N.Y.S.2d 534, 1992 N.Y. App. Div. LEXIS 13407 (N.Y. Ct. App. 1992).

Pincite

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lerner, J.), rendered October 11, 1990, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

We find that the trial court did not err in denying the defendant’s motion to dismiss the indictment on the ground that, during the Grand Jury proceedings, a witness was allowed to testify that, after the fight between the defendant and the decedent, another inmate in the cell said " 'Rudy you catch another body. Why you catch another body’, meaning he killed somebody”. While allowing such hearsay was improper, we find that the Grand Jury proceeding was not infected to the point that its "integrity was impaired” (People v Darby, 75 NY2d 449, 454-455; People v Calbud, Inc., 49 NY2d 389, 395-396; CPL 210.35 [5]; 210.20 [1]).

We have examined the defendant’s remaining contentions and find them to be without merit. Balletta, J. P., Rosenblatt, Miller and O’Brien, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lerner, J.), rendered October 11, 1990, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

We find that the trial court did not err in denying the defendant’s motion to dismiss the indictment on the ground that, during the Grand Jury proceedings, a witness was allowed to testify that, after the fight between the defendant and the decedent, another inmate in the cell said " 'Rudy you catch another body. Why you catch another body’, meaning he killed somebody”. While allowing such hearsay was improper, we find that the Grand Jury proceeding was not infected to the point that its "integrity was impaired” (People v Darby, 75 NY2d 449, 454-455; People v Calbud, Inc., 49 NY2d 389, 395-396; CPL 210.35 [5]; 210.20 [1]).

We have examined the defendant’s remaining contentions and find them to be without merit. Balletta, J. P., Rosenblatt, Miller and O’Brien, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

187 A.D.2d 741, 590 N.Y.S.2d 534, 1992 N.Y. App. Div. LEXIS 13407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-steans-nyappdiv-1992.

Opinion

Related

Cite This Page — Counsel Stack