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People v. Williams

134 A.D.2d 469 Court N.Y. App. Div. Decision date 1987-11-16 English

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p. 469
The People of the State of New York, Respondent, v Kenneth Williams, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Linakis, J.), rendered May 3, 1984, convicting him of robbery in the second degree and unauthorized use of a vehicle in the third degree, upon a jury verdict, and imposing sentence.

p. 470
Ordered that the judgment is affirmed.

Upon the exercise of our factual review power, we are satisfied that the evidence established the defendant’s guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]). The jury was entitled to accept the complainant’s testimony and reject that of the defendant and his witnesses (see, People v McCrimmon, 131 AD2d 598 ).

Although the court improperly permitted the admission of testimony which permitted an inference by the jury that the defendant had a prior criminal record, in view of the overwhelming evidence of guilt, the error was harmless (see, People v Crimmins, 36 NY2d 230 ).

We have considered the defendant’s remaining contentions and find them to be without merit. Mollen, P. J., Brown, Rubin and Spatt, JJ., concur.

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