People v. Turner
Decision Date | 18 December 2007 |
Docket Number | 2004-10962. |
Citation | 848 N.Y.S.2d 275,2007 NY Slip Op 10190,46 A.D.3d 847 |
Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HUDSON TURNER, Appellant. |
Court | New York Supreme Court — Appellate Division |
Ordered that the judgment is modified, on the law, by directing that the sentence imposed on the conviction of criminal possession of a weapon in the second degree shall run concurrently with the sentences imposed on the remaining convictions; as so modified, the judgment is affirmed.
The People introduced evidence, over the defendant's objection, that the defendant and his accomplice were members of the "Bloods." While we agree that the use of such evidence exceeded the bounds for which it was arguably relevant, any error in the admission of the evidence regarding the defendant's alleged membership in the "Bloods," and other testimony about the "Bloods," does not require reversal. The evidence of the defendant's identification as one of the perpetrators was overwhelming without regard to such improperly admitted evidence. Moreover, there is no significant probability that the verdict would have been different absent the improper testimony; the error was thus harmless (see People v Crimmins, 36 NY2d 230, 238, 242 [1975]; People v Griffin, 12 AD3d 458, 459 [2004]; cf. People v Forgione, 134 AD2d 514, 516 [1987]).
The defendant's contention regarding the court's reasonable doubt charge was not preserved for appellate review (see CPL 470.05 [2]), and we decline to review it in the exercise of our interest of justice jurisdiction (see CPL 470.15 [3] [c]). The defendant was not deprived of his right to...
To continue reading
Request your trial-
Acevedo v. Capra
...when its disregard does not have a material impact on the likelihood of the defendant's conviction. See People v. Turner, 46 A.D.3d 847, 848, 848 N.Y.S.2d 275, 276 (2d Dep't 2007); People v. Sellan, 143 A.D.2d 690, 691, 533 N.Y.S.2d 109, 110 (2d Dep't 1988). There is thus nothing in the sta......
-
People v. Jones
...did not, under the circumstances of this case, deprive the defendant of the effective assistance of counsel ( see People v. Turner, 46 A.D.3d 847, 848, 848 N.Y.S.2d 275;cf. People v. Turner, 5 N.Y.3d 476, 480–481, 806 N.Y.S.2d 154, 840 N.E.2d 123;People v. Alford, 33 A.D.3d 1014, 1016, 824 ......
-
People v. Acevedo
...no connection between gang membership and the alleged crime, they did not deprive the defendant of a fair trial ( see People v. Turner, 46 A.D.3d 847, 848, 848 N.Y.S.2d 275; People v. Sellan, 143 A.D.2d 690, 533 N.Y.S.2d ...
-
People v. Turner
...817 857 N.Y.S.2d 51 PEOPLE v. TURNER. Court of Appeals of the State of New York. March 19, 2008. Appeal from the 2d Dept.: 46 A.D.3d 847, 848 N.Y.S.2d 275 Application for leave to criminal appeal Denied. (Jones, J.) ...