People v. Garcia
| Decision Date | 18 November 2002 |
| Court | New York Supreme Court — Appellate Division |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>EDWIN GARCIA, Appellant. |
Ordered that the judgment is affirmed.
The Supreme Court properly exercised its discretion in determining that the prosecution's fingerprint expert laid a sufficient foundation to provide the jury with the factual basis for his conclusion that the defendant's fingerprints matched the latent prints taken from the scene of the crime (see People v Jones, 73 NY2d 427, 430; People v Wilson, 133 AD2d 179; People v Myers, 220 AD2d 272, 273; People v Shaw, 111 AD2d 835, 836), and in concluding that the weaknesses in the expert's testimony went to the credibility and weight of the evidence rather than to its admissibility (see People v Miller, 91 NY2d 372, 380).
The sentence imposed on the conviction of burglary in the second degree was not excessive (see People v Suitte, 90 AD2d 80).
The defendant's remaining contention is without merit.
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People v. Jackson
...the fingerprint expert's testimony went to credibility and weight of the evidence rather than to its admissibility (see People v. Garcia, 299 A.D.2d 493, 749 N.Y.S.2d 882 ; see also People v. Morency, 93 A.D.3d 736, 738, 940 N.Y.S.2d 138 ). The defendant's claim of ineffective assistance of......
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People v. Jackson
...fingerprint expert's testimony went to credibility and weight of the evidence rather than to its admissibility ( see People v. Garcia, 299 A.D.2d 493, 749 N.Y.S.2d 882;see also People v. Morency, 93 A.D.3d 736, 738, 940 N.Y.S.2d 138). The defendant failed to meet his “high burden” of establ......
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People v. Jackson
...fingerprint expert's testimony went to credibility and weight of the evidence rather than to its admissibility ( see People v. Garcia, 299 A.D.2d 493, 749 N.Y.S.2d 882; see also People v. Morency, 93 A.D.3d 736, 738, 940 N.Y.S.2d 138). The defendant's claim of ineffective assistance of coun......
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Li v. Phillips, 03 CV 3753NGRML.
...were relevant to the credibility and weight of the evidence, not to its admissibility under Frye. See People v. Garcia, 299 A.D.2d 493, 493, 749 N.Y.S.2d 882 (2d Dept.2002); People v. Seals, 247 A.D.2d 349, 349, 669 N.Y.S.2d 293 (1st The trial court properly exercised its discretion in admi......