Legal Opinion

People v. Spears

Appellate Division of the Supreme Court of the State of New York

Decided December 16, 1983Published

1Opinion of the Court

— Judgment unanimously affirmed. Memorandum: The testimony of the complainant that she saw defendant being handcuffed on a street corner nearly a year after the burglary for which he was on trial was inadmissible (see People v Beam, 57 NY2d 241, 250; People v Ventimiglia, 52 NY2d 350, 359; People v Battles, 83 AD2d 164,166). Nonetheless, in light of the strength of the identification testimony, the isolated nature of that remark and the fact that the court promptly instructed the jury to disregard the statement, we find no significant probability that the jury would have acquitted the…

2Cases cited5 opinions

  1. People v. CrimminsNew York Court of Appeals · 1975
  2. People v. VentimigliaNew York Court of Appeals · 1981
  3. People v. BeamNew York Court of Appeals · 1982
  4. People v. CookNew York Court of Appeals · 1977
  5. People v. BattlesAppellate Division of the Supreme Court of the State of New York · 1981

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