People v. Marks
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant was convicted, following a jury trial, of assault in the second degree (Penal Law § 120.05 [2]) for stabbing his neighbor following an argument. We agree with defendant’s contention that Supreme Court erred in admitting testimony from two prosecution witnesses that improperly bolstered the victim’s identification of defendant (see, People v Bayron, 66 NY2d 77, 81; People v Trowbridge, 305 NY 471; People v Love, 135 AD2d 1099). Defendant’s attorney, however, *1123failed to object to that testimony as improper bolstering. Thus, the issue has not…
2Cases cited10 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. TrowbridgeNew York Court of Appeals · 1953
- People v. JohnsonNew York Court of Appeals · 1982
- People v. WestNew York Court of Appeals · 1982
- People v. MobleyNew York Court of Appeals · 1982
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3Cited by9 opinions
- People v. MatusakAppellate Division of the Supreme Court of the State of New York · 1994
- People v. BirminghamAppellate Division of the Supreme Court of the State of New York · 1999
- People v. GarnerAppellate Division of the Supreme Court of the State of New York · 1993
- People v. HallAppellate Division of the Supreme Court of the State of New York · 2021
- People v. LombardoAppellate Division of the Supreme Court of the State of New York · 1993
4 more not listed; retrieve them via the Exa API.