People v. Vargas

Appellate Division of the Supreme Court of New York

People v. Vargas

125 A.D.2d 429, 509 N.Y.S.2d 149, 1986 N.Y. App. Div. LEXIS 62723

Appellate Division of the Supreme Court of the State of New York·Decided December 8, 1986·Published·Cited by 5 cases

Opinion

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bourgeois, J.), rendered March 30, 1982, convicting him of murder in the second degree and attempted murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We have reviewed the record and conclude that the court properly admitted into evidence a knife which was found at the scene the day following the crime and which was identified by a witness as the knife with which he and the deceased had been stabbed by the defendant. These circumstances provided a sufficient connection between the knife and the defendant to render the knife admissible (see, People v Mir[430] enda, 23 NY2d 439; People v Cunningham, 116 AD2d 585). Any question as to the accuracy of the complainant’s identification of the knife went to its weight or probative force, and not to its admissibility (see, People v McNair, 32 AD2d 662).

The other contentions raised by the defendant have been examined and found to be meritless. Brown, J. P., Weinstein, Rubin and Hooper, JJ., concur.

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— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bourgeois, J.), rendered March 30, 1982, convicting him of murder in the second degree and attempted murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We have reviewed the record and conclude that the court properly admitted into evidence a knife which was found at the scene the day following the crime and which was identified by a witness as the knife with which he and the deceased had been stabbed by the defendant. These circumstances provided a sufficient connection between the knife and the defendant to render the knife admissible (see, People v Mir[430] enda, 23 NY2d 439; People v Cunningham, 116 AD2d 585). Any question as to the accuracy of the complainant’s identification of the knife went to its weight or probative force, and not to its admissibility (see, People v McNair, 32 AD2d 662).

The other contentions raised by the defendant have been examined and found to be meritless. Brown, J. P., Weinstein, Rubin and Hooper, JJ., concur.

People v. Vargas, 125 A.D.2d 429, 509 N.Y.S.2d 149, 1986 N.Y. App. Div. LEXIS 62723 (N.Y. Ct. App. 1986).

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