People v. Goldman

CourtNew York Supreme Court Appellate Division
Writing for the CourtBefore CARRO
PartiesThe PEOPLE of the State of New York, Respondent, v. Elliot GOLDMAN, Defendant-Appellant.
Decision Date08 August 1991

Page 282

573 N.Y.S.2d 282
175 A.D.2d 723
The PEOPLE of the State of New York, Respondent,
v.
Elliot GOLDMAN, Defendant-Appellant.
Supreme Court, Appellate Division,
First Department.
Aug. 8, 1991.

Page 283

Before [175 A.D.2d 726] CARRO, J.P., and MILONAS, ELLERIN and RUBIN, JJ.

[175 A.D.2d 723] MEMORANDUM DECISION.

Judgment, Supreme Court, New York County (FitzGerald, J.), rendered on April 29, 1988, convicting defendant, after a trial by jury, of bribing a witness and criminal solicitation in the fourth degree and sentencing him to an indeterminate term of one to three years and a term of one year in prison, respectively, and order of the same court, entered on or about November 21, 1989, which denied defendant's motion to vacate the judgment pursuant to CPL § 440.10, unanimously affirmed.

Defendant, a private investigator, was convicted of bribing a witness in a wrongful death action brought against the City and other defendants. The case against defendant rested primarily on a recording of a conversation he had had with the potential witness in that action.

We find that the proof was sufficient to support the verdict and that the verdict was not against the weight of the evidence. The record amply supports the jury's determination [175 A.D.2d 724] that the money offered by defendant to the witness was not simply to recompense the witness for the time he would spend in testifying truthfully but was in exchange for his testifying in a way that would be favorable to the client of defendant's employer.

Defendant's claims that potential defense witnesses were tampered with by the prosecution are not preserved for review. Moreover, were we to review them in the interest of justice we would find that they are not supported by the record. There is no indication that the prosecutor ever tried to encourage or threaten any witness into testifying in a certain manner (cf. People v. Shapiro, 50 N.Y.2d 747, 431 N.Y.S.2d 422,

Page 284

409 N.E.2d 897). In particular, we note that the record does not support the finding urged by defendant that the prosecutor threatened to prosecute potential defense witness Joseph Ferranti if he testified for the defendant, but, rather, that the prosecutor threatened to prosecute him if he refused to testify in the grand jury against Theodore Friedman, defendant's employer. Ultimately, Ferranti did testify against Friedman under a grant of immunity. Additionally, we note that the record at the hearing held on this...

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16 practice notes
  • Johnson v. Com., Record No. 1955-07-4.
    • United States
    • Virginia Court of Appeals of Virginia
    • December 16, 2008
    ...1994) (holding "[t]his is not a contradictory statement and therefore would not constitute Brady material"); People v. Goldman, 175 A.D.2d 723, 573 N.Y.S.2d 282, 285 (1991) (finding no Brady violation where "[t]he fact that the officer prepared suggestions for a second potential conversatio......
  • People v. Harris,
    • United States
    • New York Supreme Court Appellate Division
    • May 14, 2014
    ...was not against the weight of the evidence ( see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902;People v. Goldman, 175 A.D.2d 723, 724, 573 N.Y.S.2d 282). We further find that the defendant was not deprived of a fair trial by the admission of evidence that Gibson was murde......
  • Barbour v. People
    • United States
    • United States State Supreme Court (New York)
    • November 18, 1994
    ...(see, People v. Mobley, 190 A.D.2d 821, 593 N.Y.S.2d 839; People v. Faison, 176 A.D.2d 752, 743, 574 N.Y.S.2d 977; People v. Goldman, 175 A.D.2d 723, 725, 573 N.Y.S.2d 282; People v. Nixon, 166 A.D.2d 170, 564 N.Y.S.2d The so-called "Rosario rule" was promulgated as a matter of policy and a......
  • People v. Machado
    • United States
    • United States State Supreme Court (New York)
    • September 28, 1993
    ...he testified at trial...." People v. Banch, 80 N.Y.2d 610, 620, 593 N.Y.S.2d 491, 608 N.E.2d 1069 (1992). See also People v. Goldman, 175 A.D.2d 723, 573 N.Y.S.2d 282 (1st Dep't 1991). (Detective's notes--concerning conversations with first police officer on the scene, other persons origina......
  • Request a trial to view additional results
16 cases
  • Johnson v. Com., Record No. 1955-07-4.
    • United States
    • Virginia Court of Appeals of Virginia
    • December 16, 2008
    ...1994) (holding "[t]his is not a contradictory statement and therefore would not constitute Brady material"); People v. Goldman, 175 A.D.2d 723, 573 N.Y.S.2d 282, 285 (1991) (finding no Brady violation where "[t]he fact that the officer prepared suggestions for a second potential conversatio......
  • People v. Harris,
    • United States
    • New York Supreme Court Appellate Division
    • May 14, 2014
    ...was not against the weight of the evidence ( see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902;People v. Goldman, 175 A.D.2d 723, 724, 573 N.Y.S.2d 282). We further find that the defendant was not deprived of a fair trial by the admission of evidence that Gibson was murde......
  • Barbour v. People
    • United States
    • United States State Supreme Court (New York)
    • November 18, 1994
    ...(see, People v. Mobley, 190 A.D.2d 821, 593 N.Y.S.2d 839; People v. Faison, 176 A.D.2d 752, 743, 574 N.Y.S.2d 977; People v. Goldman, 175 A.D.2d 723, 725, 573 N.Y.S.2d 282; People v. Nixon, 166 A.D.2d 170, 564 N.Y.S.2d The so-called "Rosario rule" was promulgated as a matter of policy and a......
  • People v. Machado
    • United States
    • United States State Supreme Court (New York)
    • September 28, 1993
    ...he testified at trial...." People v. Banch, 80 N.Y.2d 610, 620, 593 N.Y.S.2d 491, 608 N.E.2d 1069 (1992). See also People v. Goldman, 175 A.D.2d 723, 573 N.Y.S.2d 282 (1st Dep't 1991). (Detective's notes--concerning conversations with first police officer on the scene, other persons origina......
  • Request a trial to view additional results

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