Appellate Division of the Supreme Court of New York, 1984

People v. Carswell

People v. Carswell
Appellate Division of the Supreme Court of New York · Decided November 26, 1984
105 A.D.2d 844; 482 N.Y.S.2d 39; 1984 N.Y. App. Div. LEXIS 20970
People v. Carswell

Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Queens County (O’Dwyer, J.), rendered August 1,1983, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Defendant contends that it was error for the trial court to have permitted testimony concerning the voided arrest of defendant in connection with the recovery of the complaining witness’ stolen automobile. However, this testimony was admissible to complete the narrative of the events leading to the spontaneous identification by the complaining witness of defendant at the precinct house (People v Gines, 36 NY2d 932).

We have considered defendant’s other contentions and find them to be without merit. Titone, J. P., Lazer, Mangano and Niehoff, JJ., concur.

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