People v. Adeline
| Decision Date | 07 July 1986 |
| Citation | 122 A.D.2d 61,504 N.Y.S.2d 218 |
| Parties | The PEOPLE, etc., Respondent, v. Scott ADELINE, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Charles Emma, Brooklyn (Roger Bennet Adler, of counsel), for appellant.
Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood, Sarah Noll and Eugene B. Nathanson, of counsel), for respondent.
Before THOMPSON, J.P., and RUBIN, EIBER and SPATT, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Schneier, J.), rendered February 27, 1985, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Judgment affirmed.
The defendant was not entitled to have the court charge the jury that Anthony Falconite, a prosecution witness, was an accomplice to the crime whose testimony required corroboration before it could support a guilty verdict. There was no evidence presented which would have subjected Falconite to criminal liability for participation in the murder of the decedent (see, People v. Aleschus, 81 A.D.2d 696, 438 N.Y.S.2d 650).
Furthermore, Criminal Term properly denied a motion for a mistrial brought by defense counsel after a prosecution witness volunteered on cross-examination that he had taken a lie detector test. The prompt curative instruction issued by the court obviated any prejudice which might otherwise have resulted from this unsolicited remark (see, People v. Vredenburg, 110 A.D.2d 730, 488 N.Y.S.2d 199).
The other issues raised by the defendant, to the extent that they have been determined to be properly raised and preserved for review, have been found to be meritless.
To continue reading
Request your trial
-
People v. Cox
...v. Robinson, 309 A.D.2d 1228, 1229, 764 N.Y.S.2d 757, lv. denied 1 N.Y.3d 579, 775 N.Y.S.2d 795, 807 N.E.2d 908; see People v. Adeline, 122 A.D.2d 61, 504 N.Y.S.2d 218, lv. denied 69 N.Y.2d 707, 512 N.Y.S.2d 1033, 504 N.E.2d 401; see generally People v. Ortiz, 54 N.Y.2d 288, 292, 445 N.Y.S.......
-
People v. Carter
...any prejudice that might have inured from such statements (see, People v. Soto, 133 A.D.2d 787, 520 N.Y.S.2d 173; People v. Adeline, 122 A.D.2d 61, 504 N.Y.S.2d 218; People v. Samuel N., 121 A.D.2d 405, 503 N.Y.S.2d 114). Moreover, there is no significant probability that the volunteered st......
-
Adeline v. Stinson
...conviction was unanimously affirmed by a panel of the New York Appellate Division, Second Department. People v. Adeline, 122 A.D.2d 61, 504 N.Y.S.2d 218 (N.Y. App. Div. 1986). By letter dated July 24, 1986 supplemented by another dated August 11, 1986, petitioner applied for permission to a......
-
People v. Jackson
...any prejudice to the defendant, and reversal is unwarranted (see, People v. Young, 186 A.D.2d 699, 588 N.Y.S.2d 642; People v. Adeline, 122 A.D.2d 61, 504 N.Y.S.2d 218; People v. Vredenburg, 110 A.D.2d 730, 488 N.Y.S.2d 199). We also find no improvident exercise of the court's discretion in......