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People v. Pecchio

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 2004
13 A.D.3d 559 (N.Y. App. Div. 2004)

Opinion

2003-04283.

December 20, 2004.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered May 1, 2003, convicting him of robbery in the third degree and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.

Before: Florio, J.P., Schmidt, Adams and Cozier, JJ., concur.


Ordered that the judgment is affirmed.

The defendant contends that the Supreme Court erred in admitting testimony that following a conversation the defendant's sister had with the owners of a local store, the complainant's chain, which had been stolen, appeared in the store. This contention, and the contention that the prosecution improperly commented upon it, is partially unpreserved for appellate review ( see People v. Rosen, 96 NY2d 329, 335, cert denied 534 US 899; People v. Weston, 56 NY2d 844, 846; People v. Ryant, 278 AD2d 345), and, in any event, does not require reversal ( see People v. Crimmins, 36 NY2d 230; People v. Marks, 243 AD2d 654; People v. Gonzalez, 133 AD2d 123).


Summaries of

People v. Pecchio

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 2004
13 A.D.3d 559 (N.Y. App. Div. 2004)
Case details for

People v. Pecchio

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RALPH PECCHIO…

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

Date published: Dec 20, 2004

Citations

13 A.D.3d 559 (N.Y. App. Div. 2004)
787 N.Y.S.2d 372