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People v. Steans

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1992
187 A.D.2d 741 (N.Y. App. Div. 1992)

Opinion

November 30, 1992

Appeal from the Supreme Court, Queens County (Lerner, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish 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 470.15).

We find that the trial court did not err in denying the defendant's motion to dismiss the indictment on the ground that, during the Grand Jury proceedings, a witness was allowed to testify that, after the fight between the defendant and the decedent, another inmate in the cell said "`Rudy you catch another body. Why you catch another body', meaning he killed somebody". While allowing such hearsay was improper, we find that the Grand Jury proceeding was not infected to the point that its "integrity was impaired" (People v Darby, 75 N.Y.2d 449, 454-455; People v Calbud, Inc., 49 N.Y.2d 389, 395-396; CPL 210.35; 210.20 [1]).

We have examined the defendant's remaining contentions and find them to be without merit. Balletta, J.P., Rosenblatt, Miller and O'Brien, JJ., concur.


Summaries of

People v. Steans

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1992
187 A.D.2d 741 (N.Y. App. Div. 1992)
Case details for

People v. Steans

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RUDY STEANS, Appellant

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

Date published: Nov 30, 1992

Citations

187 A.D.2d 741 (N.Y. App. Div. 1992)

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