Summary
dismissing Michael's similar claim as "without merit."
Summary of this case from Paccione v. New YorkOpinion
2000-07025
Argued May 10, 2002.
June 10, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chambers, J.), rendered July 19, 2000, convicting him of robbery in the first degree, robbery in the second degree, grand larceny in the second degree, burglary in the second degree, and tampering with physical evidence, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Barbara Lerner of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N Y (Leonard Joblove, Diane R. Eisner, and Jane S. Meyers of counsel), for respondent.
Before: SONDRA MILLER, J.P., ROBERT W. SCHMIDT, THOMAS A. ADAMS, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The appellant, Michael Paccione, and his brother, co-defendant Anthony Paccione (see People v. Paccione, 295 A.D.2d 450 [Appellate Division Docket No. 2000-06883, decided herewith]), were jointly tried and convicted of robbery and related crimes based upon their participation in an armed robbery at a Brooklyn Costco store.
Contrary to the appellant's contentions, the trial court properly denied his belated mid-trial application to call an expert witness on the matter of eyewitness identification (see People v. Lee, 96 N.Y.2d 157). The trial court granted the appellant's request for an adjournment to allow him to prepare an offer of proof, but he failed to make a persuasive showing that this case was one in which the jurors would have "benefitted [from] the specialized knowledge of an expert witness" (People v. Lee, 96 N.Y.2d at 162; see People v. Cronin, 60 N.Y.2d 430, 433).
The appellant's remaining contentions are without merit.
S. MILLER, J.P., SCHMIDT, ADAMS and TOWNES, JJ., concur.