Legal Opinion

People v. Davis

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

Decided May 16, 1994Published

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Koch, J.), rendered March 25, 1992, convicting him of assault in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant argues that evidence of an out-of-court statement made by the complaining witness was improperly admitted and that a new trial is therefore warranted. This argument is not preserved for appellate review (see, CPL 470.05 [2]). In any event, we agree with the People that the evidence of…

2Cases cited4 opinions

  1. People v. HoodAppellate Division of the Supreme Court of the State of New York · 1993
  2. People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1988
  3. People v. ColonAppellate Division of the Supreme Court of the State of New York · 1992
  4. People v. EvansAppellate Division of the Supreme Court of the State of New York · 1992

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