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People v. Cotto

Appellate Division of the Supreme Court of New York, First Department
Jan 26, 1993
189 A.D.2d 707 (N.Y. App. Div. 1993)

Opinion

January 26, 1993

Appeal from the Supreme Court, New York County (Rose Rubin, J.).


Defense counsel's objection to a question asked of one of the officers concerning defendant's response, if any, to a question as to whether defendant possessed a valid license for the weapon was sustained, and curative instructions issued. The curative instructions, together with the overwhelming evidence of guilt, rendered defendant's response harmless (People v. Crimmins, 36 N.Y.2d 230).

Nor is there merit to defendant's contention that the officers' inconsistent testimony rendered their testimony incredible as a matter of law. These inconsistencies were for the jury to resolve (People v. Mosley, 112 A.D.2d 812, affd 67 N.Y.2d 985).

Concur — Murphy, P.J., Milonas, Ellerin, Ross and Kassal, JJ.


Summaries of

People v. Cotto

Appellate Division of the Supreme Court of New York, First Department
Jan 26, 1993
189 A.D.2d 707 (N.Y. App. Div. 1993)
Case details for

People v. Cotto

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERTO COTTO…

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

Date published: Jan 26, 1993

Citations

189 A.D.2d 707 (N.Y. App. Div. 1993)

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