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People v. Christie

Appellate Division of the Supreme Court of New York, First Department
Dec 7, 2000
278 A.D.2d 37 (N.Y. App. Div. 2000)

Opinion

December 7, 2000.

Judgment, Supreme Court, New York County (John Stackhouse, J.), rendered July 30, 1997, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 7 years, unanimously affirmed.

Grace Vee, for respondent.

Jeffrey T. Scott, for defendant-appellant.

Before: Mazzarelli, J.P., Wallach, Andrias, Saxe, Buckley, JJ.


The court properly denied defendant's request to have the testimony of a witness who testified at defendant's first trial admitted into evidence since defendant failed to meet his burden of establishing that the witness could not "with due diligence be brought before the court" (see, CPL 670.10(1); People v. Broome, 222 A.D.2d 1094). In any event, upon our review of the entire trial, we conclude that there was no reasonable possibility that this witness's testimony would have affected the verdict.

We perceive no basis for reduction of sentence.

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.


Summaries of

People v. Christie

Appellate Division of the Supreme Court of New York, First Department
Dec 7, 2000
278 A.D.2d 37 (N.Y. App. Div. 2000)
Case details for

People v. Christie

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. CONWAY CHRISTIE…

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

Date published: Dec 7, 2000

Citations

278 A.D.2d 37 (N.Y. App. Div. 2000)
717 N.Y.S.2d 523

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