Opinion · Appellate Division of the Supreme Court of the State of New York

People v. Brown

People v. Brown, 266 A.D.2d 863 (Appellate Division of the Supreme Court of the State of New York 1999)

Type
Opinion
Court
Appellate Division of the Supreme Court of the State of New York
Jurisdiction
New York
Date
1999-11-12
Topic
litigation

How later courts describe this case

  • defendant’s possession of a silver .380-caliber handgun four days before the charged crime was properly admitted in view of evidence that one of the participants in the crime carried a silver .380-caliber handgun

Citator

UpLaw has not yet analyzed People v. Brown. The absence of a flag is not a finding that it is good law.

Cited by
11 opinions

—Judgment unanimously affirmed. Memorandum: County Court properly permitted a police investigator to testify that defendant possessed a silver .380 caliber handgun four days before the attempted robbery and murder. In view of the evidence that one of the participants in the crime carried a silver .380 caliber handgun, that testimony was admissible to establish defendant’s identity (see, People v Jackson, 237 AD2d 620, lv denied 90 NY2d 894; People v Sheriff, 234 AD2d 894, lv denied 90 NY2d 910; People v Chamberlain, 96 AD2d 959, 960). The sentence is neither unduly harsh nor severe. (Appeal from *864 Judgment of Monroe County Court, Connell, J. — Murder, 2nd Degree.) Present — Denman, P. J., Green, Pine, Scudder and Callahan, JJ.