From Casetext: Smarter Legal Research

People v. Lindsay

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1986
123 A.D.2d 719 (N.Y. App. Div. 1986)

Opinion

October 14, 1986

Appeal from the County Court, Westchester County (Leggett, J.).


Justice Niehoff has been substituted for the late Justice Gibbons (see, 22 NYCRR 670.2 [c]).

Ordered that the judgment is affirmed.

The defendant was accused of holding the complainant in his apartment against her will and raping and sodomizing her over a three-day period. The defendant claims that the prosecutor's summation deprived him of a fair trial. Although the prosecutor did at times make comments which could be interpreted as vouching for the credibility of the complainant, the comments were in response to the defense counsel's reference to the complainant as a liar. Taking the summation in this context, there was no prejudice (see, People v Gilmore, 106 A.D.2d 399).

The defendant contends that the evidence seized pursuant to a search warrant should have been suppressed because the warrant was based in part on the unsworn statement of the complainant. However, a magistrate issuing a search warrant may reasonably rely on hearsay information supplied by an identified citizen, particularly here where the information is based on the firsthand knowledge of the victim (see, People v Cantre, 95 A.D.2d 522, affd 65 N.Y.2d 790).

We have examined the defendant's other contentions and find them to be without merit. Thompson, J.P., Niehoff, Eiber and Spatt, JJ., concur.


Summaries of

People v. Lindsay

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1986
123 A.D.2d 719 (N.Y. App. Div. 1986)
Case details for

People v. Lindsay

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD LINDSAY…

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

Date published: Oct 14, 1986

Citations

123 A.D.2d 719 (N.Y. App. Div. 1986)

Citing Cases

State v. Pinkney

05; People v Williams, 8 NY3d 854). In any event, "the prosecutor's questioning of the defendant on…

People v. Martinez

Here, the warrant application was supported by the unsworn statement of the victim identifying defendant as…