Majority
p. 863The People of the State of New York, Respondent, v Johnnie B. Brown, Jr., Appellant. (Appeal No. 2.) [697 NYS2d 892]
—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
p. 864
Judgment of Monroe County Court, Connell, J. — Murder, 2nd Degree.) Present — Denman, P. J., Green, Pine, Scudder and Callahan, JJ.
Cases cited
- People v. Jackson 237 AD2d 620 p. 863
- People v. Sheriff 234 AD2d 894 p. 863
- People v. Chamberlain 96 AD2d 959 at 960 p. 863