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People v. Levy

Appellate Division of the Supreme Court of New York, Second Department
May 23, 1988
140 A.D.2d 630 (N.Y. App. Div. 1988)

Opinion

May 23, 1988

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


Ordered that the judgment is affirmed.

The trial court properly allowed the complainant to describe the perpetrator's appearance at the time of the crime. The complainant's recollection of the perpetrator's appearance during the gunpoint robbery was relevant to the issue of identification and did not constitute improper bolstering of his identification of the defendant in court (see, People v Sanders, 108 A.D.2d 316, affd 66 N.Y.2d 906; People v Riviello, 111 A.D.2d 878, 879).

Furthermore, although the prosecutor should not have inquired as to the description which the robbery victim gave to the police, this single isolated question did not deprive the defendant of a fair trial, and a new trial is not warranted (see, People v Osuna, 65 N.Y.2d 822; People v Crimmins, 36 N.Y.2d 230). Weinstein, J.P., Rubin, Spatt and Sullivan, JJ., concur.


Summaries of

People v. Levy

Appellate Division of the Supreme Court of New York, Second Department
May 23, 1988
140 A.D.2d 630 (N.Y. App. Div. 1988)
Case details for

People v. Levy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEON LEVY, Appellant

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

Date published: May 23, 1988

Citations

140 A.D.2d 630 (N.Y. App. Div. 1988)

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