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People v. Calabro

Appellate Division of the Supreme Court of New York, First Department
May 15, 1990
161 A.D.2d 375 (N.Y. App. Div. 1990)

Opinion

May 15, 1990

Appeal from the Supreme Court, Bronx County (Peggy Bernheim, J.).


A review of the evidence in the light most favorable to the People confirms that the jury's verdict of guilt is supported by sufficient evidence.

The People's experts, three forensic odontologists, Drs. Levine, Campbell and Souviron, separately and independently concluded that the defendant's unique teeth bite mark pattern had caused the two bite marks found on the victim's legs. (See, e.g., People v. Middleton, 54 N.Y.2d 42, 45.) Moreover, defendant made inculpatory statements to a cellmate concerning the description of the attack on the victim which was borne out by the autopsy report. Although defendant produced an expert who reached a different conclusion regarding the source of the bite mark, the jury had the right to accept or reject the opinion of any expert. (People v. Robertson, 123 A.D.2d 795, 796.)

We have considered defendant's remaining contentions and find them to be without merit.

Concur — Murphy, P.J., Sullivan, Carro, Milonas and Smith, JJ.


Summaries of

People v. Calabro

Appellate Division of the Supreme Court of New York, First Department
May 15, 1990
161 A.D.2d 375 (N.Y. App. Div. 1990)
Case details for

People v. Calabro

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARMINE CALABRO…

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

Date published: May 15, 1990

Citations

161 A.D.2d 375 (N.Y. App. Div. 1990)
555 N.Y.S.2d 321

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