People v. Simms
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 attempted murder in the second degree (Penal Law §§ 110.00, 125.25), assault in the first degree (Penal Law § 120.10) and criminal possession of a weapon in the second degree (Penal Law § 265.03).
The contention of defendant that he was deprived of a fair trial by the improper bolstering of his identification by the victim, an ex-girlfriend, is not preserved for our review (see, CPL 470.05 [2]; People v Love, 57 NY2d 1023, 1025). In any event, the victim’s testimony did not…
2Cases cited17 opinions
- People v. CrimminsNew York Court of Appeals · 1975
- People v. SatterfieldNew York Court of Appeals · 1985
- People v. TrowbridgeNew York Court of Appeals · 1953
- People v. DawsonNew York Court of Appeals · 1980
- People v. EdwardsNew York Court of Appeals · 1979
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3Cited by10 opinions
- People v. StevensAppellate Division of the Supreme Court of the State of New York · 2008
- People v. MillerAppellate Division of the Supreme Court of the State of New York · 2014
- People v. MulliganAppellate Division of the Supreme Court of the State of New York · 2014
- People v. AustenAppellate Division of the Supreme Court of the State of New York · 2021
- People v. SwingerCriminal Court of the City of New York · 1998
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