People v. Vialet

Appellate Division of the Supreme Court of New York

People v. Vialet

254 A.D.2d 509, 679 N.Y.S.2d 831, 1998 N.Y. App. Div. LEXIS 11267

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

DecidedOctober 26, 1998

StatusPublished

This text of 254 A.D.2d 509 (People v. Vialet) 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. Vialet, 254 A.D.2d 509, 679 N.Y.S.2d 831, 1998 N.Y. App. Div. LEXIS 11267 (N.Y. Ct. App. 1998).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leach, J.), rendered October 23, 1997, convicting him of rob[510]*510bery in the second degree, grand larceny in the fourth degree, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Although the court arguably erred in excluding testimony regarding the complainant’s alleged misidentification of the defendant’s brother (see generally, People v Davis, 81 NY2d 281; People v Jenkins, 68 NY2d 896), the error, if any, was harmless in light of the overwhelming proof of the defendant’s guilt (see, People v Crimmins, 36 NY2d 230). Bracken, J. P., Miller, O’Brien and Santucci, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leach, J.), rendered October 23, 1997, convicting him of rob[510]*510bery in the second degree, grand larceny in the fourth degree, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Although the court arguably erred in excluding testimony regarding the complainant’s alleged misidentification of the defendant’s brother (see generally, People v Davis, 81 NY2d 281; People v Jenkins, 68 NY2d 896), the error, if any, was harmless in light of the overwhelming proof of the defendant’s guilt (see, People v Crimmins, 36 NY2d 230). Bracken, J. P., Miller, O’Brien and Santucci, JJ., concur.

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Bluebook (online)

254 A.D.2d 509, 679 N.Y.S.2d 831, 1998 N.Y. App. Div. LEXIS 11267, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vialet-nyappdiv-1998.

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