People v. Russillo
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 following a jury trial of robbery in the first degree (Penal Law § 160.15 [4]) and criminal use of a firearm in the first degree (Penal Law § 265.09 [1]). We reject the contention of defendant that a courtroom demonstration allowing the jury to view his eyes was unduly prejudicial (see, People v Brown, 133 AD2d 464, 465, lv denied 70 NY2d 930; see also, People v Caffee, 247 AD2d 401, 401-402, lv denied 91 NY2d 971). The victim indicated that the perpetrator of the robbery had a “lazy” eye. Defendant’s…
2Cases cited4 opinions
- People v. BrownAppellate Division of the Supreme Court of the State of New York · 1987
- People v. CaffeeAppellate Division of the Supreme Court of the State of New York · 1998
- People v. HinesAppellate Division of the Supreme Court of the State of New York · 1996
- People v. PerezAppellate Division of the Supreme Court of the State of New York · 2000