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People v. Duhaney

Appellate Division of the Supreme Court of New York, Second Department
Jan 8, 1990
157 A.D.2d 665 (N.Y. App. Div. 1990)

Opinion

January 8, 1990

Appeal from the Supreme Court, Kings County (Heller, 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 of criminal possession of a weapon in the second degree beyond a reasonable doubt.

The trial court did not improvidently exercise its discretion in permitting the prosecutor to question the defendant's character witness about whether he had heard that the defendant had been indicted for the sale of drugs (see, Richardson, Evidence § 153, at 124 [Prince 10th ed]). The question was relevant to the ability of the character witness to accurately reflect the defendant's reputation in the community (see, People v. Kuss, 32 N.Y.2d 436). Moreover, since this witness indicated that the defendant was known as "a nice kid", the question was within the scope of traits testified to by the defendant (cf., People v. Lediard, 80 A.D.2d 237).

We find that the consecutive sentences imposed were legally permissible. The record supports the People's contention that the convictions stemmed from separate and distinct acts (see, Penal Law § 70.25). Nor was the sentence excessive (see, People v Suitte, 90 A.D.2d 80).

We have examined the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. Mangano, J.P., Bracken, Sullivan and Balletta, JJ., concur.


Summaries of

People v. Duhaney

Appellate Division of the Supreme Court of New York, Second Department
Jan 8, 1990
157 A.D.2d 665 (N.Y. App. Div. 1990)
Case details for

People v. Duhaney

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MAURICE DUHANEY…

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

Date published: Jan 8, 1990

Citations

157 A.D.2d 665 (N.Y. App. Div. 1990)
549 N.Y.S.2d 767

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