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People v. Jones

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1992
187 A.D.2d 730 (N.Y. App. Div. 1992)

Summary

holding that arrest photograph which, according to the undercover officer, depicted the defendant wearing the same red hooded jacket that he wore when he sold the drugs to the officer, was admissible "to establish the defendant's appearance at the time of arrest"

Summary of this case from Dey v. Scully

Opinion

November 30, 1992

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


Ordered that the judgment is affirmed.

Contrary to the contention of the defendant, the admission of his arrest photograph along with the testimony of the undercover officer that the photograph depicted the defendant wearing the same red hooded jacket that he wore when he sold the drugs to the officer did not constitute improper bolstering of the officer's identification testimony. The photograph was admissable to establish the defendant's appearance at the time of the arrest (see, People v Logan, 25 N.Y.2d 184, cert denied 396 U.S. 1020; People v Santana, 162 A.D.2d 191; People v Rios, 156 A.D.2d 397; People v Peters, 135 A.D.2d 841).

Further, we find that the prosecutor's summation remarks generally constituted a fair response to the defendant's theory of defense (see, People v Arce, 42 N.Y.2d 179). Any improper remarks do not warrant a reversal of the defendant's conviction (see, People v Roopchand, 107 A.D.2d 35, affd 65 N.Y.2d 837). Mangano, P.J., Thompson, Eiber and Ritter, JJ., concur.


Summaries of

People v. Jones

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1992
187 A.D.2d 730 (N.Y. App. Div. 1992)

holding that arrest photograph which, according to the undercover officer, depicted the defendant wearing the same red hooded jacket that he wore when he sold the drugs to the officer, was admissible "to establish the defendant's appearance at the time of arrest"

Summary of this case from Dey v. Scully
Case details for

People v. Jones

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY JONES…

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

Date published: Nov 30, 1992

Citations

187 A.D.2d 730 (N.Y. App. Div. 1992)

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