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People v. Bethea

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 2006
34 A.D.3d 489 (N.Y. App. Div. 2006)

Opinion

2003-04626.

November 8, 2006.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered May 12, 2003, convicting him of robbery in the first degree (two counts), upon a jury verdict, and imposing sentence.

Before: Ritter, J.P., Goldstein, Rivera and Spolzino, JJ., concur.


Ordered that the judgment is affirmed.

The defendant has not preserved for appellate review his contention that the Supreme Court improperly failed to conduct a Ventimiglia hearing ( see People v Ventimiglia, 52 NY2d 350) to determine the admissibility of certain testimony regarding a telephone call made by the defendant's friend to one of the complainants ( see CPL 470.05; People v Gray, 86 NY2d 10, 19; People v Cody, 149 AD2d 722). In any event, such testimony was properly introduced as some evidence of the defendant's consciousness of guilt ( see People v Plummer, 36 NY2d 161, 163-164; People v Almestica, 288 AD2d 483; People v Pitts, 218 AD2d 715). Additionally, the Supreme Court gave the jury proper limiting instructions ( see People v Almestica, supra).

The defendant was not denied his right to effective assistance of counsel ( see People v Benevento, 91 NY2d 708, 714; People v Baldi, 54 NY2d 137, 147).

The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80).


Summaries of

People v. Bethea

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 2006
34 A.D.3d 489 (N.Y. App. Div. 2006)
Case details for

People v. Bethea

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. Gus BETHEA, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Nov 8, 2006

Citations

34 A.D.3d 489 (N.Y. App. Div. 2006)
2006 N.Y. Slip Op. 8141
824 N.Y.S.2d 128

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