People v. Villante

Appellate Division of the Supreme Court of New York

People v. Villante

72 A.D.2d 801, 421 N.Y.S.2d 632, 1979 N.Y. App. Div. LEXIS 14064

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

DecidedNovember 19, 1979

StatusPublished

This text of 72 A.D.2d 801 (People v. Villante) 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. Villante, 72 A.D.2d 801, 421 N.Y.S.2d 632, 1979 N.Y. App. Div. LEXIS 14064 (N.Y. Ct. App. 1979).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered April 17, 1979, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence. Judgment affirmed and the case is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (subd 5). While we affirm the judgment of conviction due to the overwhelming proof of guilt, we observe that the prosecution should not have elicited from the two police witnesses that the defendant was the individual identified by the complaining witness (see People v Trowbridge, 305 NY 471). We have considered the other points raised by the defendant and have found them to be without merit. Mollen, P. J., Lazer, Cohalan and Gibbons, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered April 17, 1979, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence. Judgment affirmed and the case is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (subd 5). While we affirm the judgment of conviction due to the overwhelming proof of guilt, we observe that the prosecution should not have elicited from the two police witnesses that the defendant was the individual identified by the complaining witness (see People v Trowbridge, 305 NY 471). We have considered the other points raised by the defendant and have found them to be without merit. Mollen, P. J., Lazer, Cohalan and Gibbons, JJ., concur.

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Bluebook (online)

72 A.D.2d 801, 421 N.Y.S.2d 632, 1979 N.Y. App. Div. LEXIS 14064, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-villante-nyappdiv-1979.

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