defendant’s possession of a silver .380-caliber handgun four days before the charged crime was properly admitted in view of evidence that one of the participants in the crime carried a silver .380-caliber handgun
How later courts described this case
- defendant’s possession of a silver .380-caliber handgun four days before the charged crime was properly admitted in view of evidence that one of the participants in the crime carried a silver .380-caliber handgun
Written by the judges who cited it.
The opinion
—Judgment unanimously affirmed. Memorandum: County Court properly permitted a police investigator to testify that defendant possessed a silver .380 caliber handgun four days before the attempted robbery and murder. In view of the evidence that one of the participants in the crime carried a silver .380 caliber handgun, that testimony was admissible to establish defendant’s identity (see, People v Jackson, 237 AD2d 620 , lv denied 90 NY2d 894 ; People v Sheriff, 234 AD2d 894 , lv denied 90 NY2d 910 ; People v Chamberlain, 96 AD2d 959, 960 ). The sentence is neither unduly harsh nor severe. (Appeal from *864 Judgment of Monroe County Court, Connell, J. — Murder, 2nd Degree.) Present — Denman, P. J., Green, Pine, Scudder and Callahan, JJ.