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People v. Fennell

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 1997
237 A.D.2d 459 (N.Y. App. Div. 1997)

Opinion

March 17, 1997.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mastro, J.), rendered August 11, 1995, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

Before: Thompson, J.P., Sullivan, Pizzuto and Santucci, JJ.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court did not improvidently exercise its discretion in denying his application to permit testimony of an expert in the field of eyewitness identification ( see, People v Mooney, 76 NY2d 827; People v Kelley, 220 AD2d 456, 457; People v Wright, 161 AD2d 743; People v Gibbs, 157 AD2d 799; People v Foulks, 143 AD2d 1038, 1039). Furthermore, the deficiencies alleged by the defendant with respect to the accuracy of the identification made by the complainant were conveyed to the jury through cross-examination, counsel's summation, and the court's charge ( see, People v Wright, supra, at 744; People v Gibbs, supra; People v Foulks, supra).

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


Summaries of

People v. Fennell

Appellate Division of the Supreme Court of New York, Second Department
Mar 17, 1997
237 A.D.2d 459 (N.Y. App. Div. 1997)
Case details for

People v. Fennell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES FENNELL…

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

Date published: Mar 17, 1997

Citations

237 A.D.2d 459 (N.Y. App. Div. 1997)
655 N.Y.S.2d 972

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