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People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1995
215 A.D.2d 685 (N.Y. App. Div. 1995)

Opinion

May 22, 1995

Appeal from the Supreme Court, Kings County (Rappaport, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to prove the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 460.15).

Further, any prejudice to the defendant which might have arisen due to the brief mention of uncharged criminal activity which was elicited on cross examination was alleviated when the court sustained an objection and took prompt curative action (see, People v Smith, 181 A.D.2d 701, 702; People v Santiago, 52 N.Y.2d 865, 866; People v Ashwal, 39 N.Y.2d 105, 111). There is no reason to doubt that the clear and immediate curative instructions were followed by the jury (see, People v Lopez, 100 A.D.2d 555, 556).

We have examined the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be without merit. Balletta, J.P., O'Brien, Thompson and Hart, JJ., concur.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, Second Department
May 22, 1995
215 A.D.2d 685 (N.Y. App. Div. 1995)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY DAVIS…

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

Date published: May 22, 1995

Citations

215 A.D.2d 685 (N.Y. App. Div. 1995)
628 N.Y.S.2d 495