People v. Aupperlee
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered May 8, 1989, convicting him of assault in the first degree, upon a jury verdict, and imposing a sentence.
Ordered that the judgment is affirmed.
The defendant contends that the People failed to adduce
The defendant further contends that the court erred in allowing the victim, who had no recollection of the incident, to testify. We disagree. Under the facts of this case, it was not inappropriate to allow the victim to testify. In any event, in light of the overwhelming proof there is no significant probability that had the victim not taken the witness stand, the jury would have acquitted the defendant (see, People v Crimmins, 36 NY2d 230, 243).
The defendant’s contention that permitting the victim to testify in his Marine Corps dress uniform served to deprive him of a fair trial is also without merit (see, People v Lloyd, 141 AD2d 671), especially since the court found that the uniform improved the victim’s over-all appearance and, therefore, gave the jury the impression that he was recovering from the serious physical injury he had sustained as a result of the crime.
The maximum sentence imposed was neither harsh nor excessive (see, People v Suitte, 90 AD2d 80).
We have examined the defendant’s remaining contentions and find them to be either unpreserved for appellate review (see, CPL 470.05 [2]) or without merit. Kooper, J. P., Eiber, Sullivan and Balletta, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.