People v. Straker

Appellate Division of the Supreme Court of New York

People v. Straker

247 A.D.2d 266, 667 N.Y.S.2d 906, 1998 N.Y. App. Div. LEXIS 1407

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

DecidedFebruary 17, 1998

StatusPublished

Cited by2 cases

This text of 247 A.D.2d 266 (People v. Straker) 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. Straker, 247 A.D.2d 266, 667 N.Y.S.2d 906, 1998 N.Y. App. Div. LEXIS 1407 (N.Y. Ct. App. 1998).

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Opinion

Judgment, Supreme Court, Bronx County (Daniel Sullivan, J.), rendered April 22, 1996, convicting defendant, after a jury trial, of assault in the first degree and criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 7½ to 15 years, unanimously affirmed.

The court properly admitted testimony that the complainant had previously viewed a photographic array, and properly allowed the prosecution to introduce the fact that a photo array had taken place, without mentioning that defendant had been identified. We conclude that defendant opened the door to this limited testimony under the circumstances (see, People v Collins, 214 AD2d 483, lv denied 86 NY2d 733; People v Austin, 152 AD2d 590). In any event, any error would be harmless in light of the overwhelming evidence of defendant’s guilt (see, People v Johnson, 32 NY2d 814). Any prejudice stemming from the defense witness’s unprovoked comment that the complainant might have picked out defendant from a photo array was prevented by the court’s immediate curative instruction.

Concur — Milonas, J. P., Ellerin, Williams and Tom, JJ.

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Judgment, Supreme Court, Bronx County (Daniel Sullivan, J.), rendered April 22, 1996, convicting defendant, after a jury trial, of assault in the first degree and criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 7½ to 15 years, unanimously affirmed.

The court properly admitted testimony that the complainant had previously viewed a photographic array, and properly allowed the prosecution to introduce the fact that a photo array had taken place, without mentioning that defendant had been identified. We conclude that defendant opened the door to this limited testimony under the circumstances (see, People v Collins, 214 AD2d 483, lv denied 86 NY2d 733; People v Austin, 152 AD2d 590). In any event, any error would be harmless in light of the overwhelming evidence of defendant’s guilt (see, People v Johnson, 32 NY2d 814). Any prejudice stemming from the defense witness’s unprovoked comment that the complainant might have picked out defendant from a photo array was prevented by the court’s immediate curative instruction.

Concur — Milonas, J. P., Ellerin, Williams and Tom, JJ.

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Bluebook (online)

247 A.D.2d 266, 667 N.Y.S.2d 906, 1998 N.Y. App. Div. LEXIS 1407, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-straker-nyappdiv-1998.

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