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People v. Brown

266 A.D.2d 863 Court N.Y. App. Div. Decision date 1999-11-12 Docket Appeal No. 2 English

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p. 863
The 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.

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