People v. Sarmiento
| Court | New York Court of Appeals Court of Appeals |
| Citation | People v. Sarmiento, 571 N.Y.S.2d 906, 77 N.Y.2d 976 (N.Y. 1991) |
| Decision Date | 07 May 1991 |
| Parties | , 575 N.E.2d 392 The PEOPLE of the State of New York, Respondent, v. Juan Javier SARMIENTO, Appellant. |
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed for the reasons stated in the memorandum of the Appellate Division (168 A.D.2d 328, 565 N.Y.S.2d 1).
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22 cases
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People v. Thompson
... ... This argument is without merit. The testimony, together with that of the arresting officer who received the description, provided a necessary explanation of the events which precipitated the defendant's arrest (see, People v. Cardona, 173 A.D.2d 364, 569 N.Y.S.2d 733; People v. Sarmiento, 168 A.D.2d 328, 565 N.Y.S.2d 1, affd. 77 N.Y.2d 976, 571 N.Y.S.2d 906, 575 N.E.2d 392; People v. Candelario, 156 A.D.2d 191, 548 N.Y.S.2d 448; People v. Love, 92 A.D.2d 551, 459 N.Y.S.2d 122) ... The defendant further contends that the court's charge on the issue of ... ...
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People v. Alvarez
... ... Rosado, 191 A.D.2d 262, 263, 595 N.Y.S.2d 20, lv. denied 81 N.Y.2d 1019, 600 N.Y.S.2d 207, 616 N.E.2d 864), nor an undercover's description of the seller given to an arresting officer (People v. Sarmiento, 168 A.D.2d 328, 329, 565 N.Y.S.2d 1, affd. 77 N.Y.2d 976, 571 N.Y.S.2d 906, 575 N.E.2d 392) constitutes bolstering ... All concur except MURPHY, P.J., and ROSENBERGER, J., who dissent in a memorandum by ROSENBERGER, J., as follows: ... ROSENBERGER, Justice ... ...
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People v. Grant
... ... Given the unique voucher number and the fact that Officer Halpin identified the weapon, the People maintain that a sufficient chain of custody was established and that any omission in the People's proof went only to the weight, and not the admissibility, of the evidence (People v. Sarmiento, 168 A.D.2d 328, 565 N.Y.S.2d 1, affd. for reasons stated 77 N.Y.2d 976, 571 N.Y.S.2d 906, 575 N.E.2d 392; People v. Craig, 155 A.D.2d 550, 547 N.Y.S.2d 407) ... With respect to the defect in the proof before the Grand Jury, the People maintain that failure to dismiss a defective ... ...
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People v. Weiler
... ... Wynn, 176 A.D.2d 375, 376-377, 574 N.Y.S.2d 83). That Keane was unable to locate the number which he said he scratched on the bat did not affect the bat's admissibility, but rather created an issue concerning the weight of the evidence for the jury to decide (see, People v. Sarmiento, 168 A.D.2d 328, 565 N.Y.S.2d 1, affd. 77 N.Y.2d 976, 571 N.Y.S.2d 906, 575 N.E.2d 392) ... Defendant further argues that a videotape from a security camera, which depicted events inside the garage before and after the assault, was improperly redacted to remove relevant portions ... ...
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