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People v. Locicero

119 A.D.2d 699 Court N.Y. App. Div. Decision date 1986-04-14 English

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p. 699
The People of the State of New York, Respondent, v Joseph Locicero, Appellant.

— Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Delaney, J.), rendered June 1, 1984, convicting him of assault in the first degree, assault in the second degree, criminal possession of a weapon in the fourth degree (two counts), and unlawful possession of marihuana, upon a jury verdict, and imposing sentence.

Judgment affirmed.

In this trial concerning a stabbing which occurred in an establishment characterized by defense counsel as a "motorcycle bar”, the prosecutor’s single question to a defense witness as to her membership in a motorcycle club known as "Satan’s Soldiers”, although improper (see, People v Stewart, 92 AD2d 226 ; People v Gadsden, 80 AD2d 508 ; People v Torres, 72 AD2d 754 ), did not amount to drastic misconduct (see, People v Galloway, 54 NY2d 396 , 398) and therefore did not substantially prejudice the defendant’s trial (see, People v Galloway,

p. 700
supra). Furthermore, the evidence established the defendant’s guilt beyond a reasonable doubt.

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

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