People v. Drake
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of intentional murder in the second degree and criminal possession of a weapon in the second degree.
The contention of defendant that County Court erred in refusing to allow proof that he was misidentified in the commission of an unrelated robbery is without merit. The fact that defendant was misidentified as a perpetrator of a robbery that occurred nine months after the instant crime is irrelevant (see, People v Greenwood, 166 AD2d 353, lv denied 77 NY2d 839).
Also without merit is…
2Cases cited3 opinions
- People v. ShedrickNew York Court of Appeals · 1985
- People v. ShedrickAppellate Division of the Supreme Court of the State of New York · 1984
- People v. GreenwoodAppellate Division of the Supreme Court of the State of New York · 1990
3Cited by6 opinions
- People v. BlackAppellate Division of the Supreme Court of the State of New York · 2007
- People v. BeltranAppellate Division of the Supreme Court of the State of New York · 2001
- People v. ClarkAppellate Division of the Supreme Court of the State of New York · 2002
- People v. DuffyAppellate Division of the Supreme Court of the State of New York · 2002
- People v. LockeAppellate Division of the Supreme Court of the State of New York · 2002
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