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People v. Stephens

Appellate Division of the Supreme Court of New York, First Department
Jul 17, 2000
274 A.D.2d 487 (N.Y. App. Div. 2000)

Opinion

Submitted June 1, 2000.

July 17, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered November 14, 1997, convicting him of robbery in the first degree and kidnapping in the second degree, upon a jury verdict, and imposing sentence.

Solomon Rosengarten, Brooklyn, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and

Jacqueline M. Linares of counsel), for respondent.

BEFORE: LAWRENCE J. BRACKEN, J.P., DANIEL W. JOY, LEO F. McGINITY, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant has not preserved for appellate review his contention that the police officers' testimony regarding radio calls was inadmissible hearsay and improperly bolstered the testimony of the victim (see, People v Malizia, 62 N.Y.2d 755, cen denied 469 U.S. 932; People v Williams, 240 A.D.2d 686; People v Saladana, 208 A.D.2d 872; People v Rosa, 125 A.D.2d 345). In any event, the challenged testimony was properly admitted to explain the events precipitating the defendant's arrest and the presence of officers at the scene, and to avoid speculation by the jury (see, People v Spencer, 212 A.D.2d 645; People v Gill, 215 A.D.2d 690; People v Burrus, 182 A.D.2d 634).


Summaries of

People v. Stephens

Appellate Division of the Supreme Court of New York, First Department
Jul 17, 2000
274 A.D.2d 487 (N.Y. App. Div. 2000)
Case details for

People v. Stephens

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. KIRK STEPHENS, APPELLANT. (Ind. No…

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

Date published: Jul 17, 2000

Citations

274 A.D.2d 487 (N.Y. App. Div. 2000)
711 N.Y.S.2d 912

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