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People v. Candelario

Appellate Division of the Supreme Court of New York, Second Department
Nov 29, 1993
198 A.D.2d 512 (N.Y. App. Div. 1993)

Summary

affirming plaintiff's 1989 judgment of conviction and rejecting plaintiff's contentions challenging his conviction as lacking merit

Summary of this case from Ramon v. Corp. City of N.Y.

Opinion

November 29, 1993

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


Ordered that the judgment is affirmed.

The defendant's claim that the police officers' testimony as to the substance of a radio run was inadmissible is not preserved for appellate review (see, CPL 470.05; People v Nuccie, 57 N.Y.2d 818). In any event, this claim is without merit because the substance of the radio run was introduced only as background evidence to explain why the police officers arrived at the scene and ran after the defendant (see, People v Casanova, 160 A.D.2d 394).

Nor was the defendant deprived of a fair trial by the fact that several of the prosecution's witnesses referred to him by his "street" names. Identification was an issue and those were the names by which the witnesses knew the defendant (see, People v Louis, 192 A.D.2d 558).

We also reject the defendant's contention that his sentence was unduly harsh and excessive (see, People v Suitte, 90 A.D.2d 80).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review, without merit, or do not warrant reversal (see, People v Crimmins, 36 N.Y.2d 230). Bracken, J.P., Miller, Lawrence and Pizzuto, JJ., concur.


Summaries of

People v. Candelario

Appellate Division of the Supreme Court of New York, Second Department
Nov 29, 1993
198 A.D.2d 512 (N.Y. App. Div. 1993)

affirming plaintiff's 1989 judgment of conviction and rejecting plaintiff's contentions challenging his conviction as lacking merit

Summary of this case from Ramon v. Corp. City of N.Y.
Case details for

People v. Candelario

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN CANDELARIO, Also…

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

Date published: Nov 29, 1993

Citations

198 A.D.2d 512 (N.Y. App. Div. 1993)
605 N.Y.S.2d 931

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