People v. Browning
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The admission of testimony that the police officers had been told by three individuals on the street that defendant had a gun was entirely proper, since it was "appropriate narrative testimony, and was not offered to prove the fact that defendant had a gun” (People v Mosely, 200 AD2d 430, 431, lv denied 83 NY2d 856). As the court noted, this testimony was necessary in order to prevent undue speculation by the jury as to why the officers directed their attention to defendant in the first place. The court also properly allowed the prosecutor to elicit on redirect examination that the officers…
2Cases cited4 opinions
- People v. MelendezNew York Court of Appeals · 1982
- People v. SmithAppellate Division of the Supreme Court of the State of New York · 1990
- People v. MoselyAppellate Division of the Supreme Court of the State of New York · 1994
- People v. SmithNew York Court of Appeals · 1991
3Cited by4 opinions
- People v. ToscaAppellate Division of the Supreme Court of the State of New York · 2001
- People v. FernandezAppellate Division of the Supreme Court of the State of New York · 2000
- People v. WhiteAppellate Division of the Supreme Court of the State of New York · 1998
- People v. MarteAppellate Division of the Supreme Court of the State of New York · 2001