People v. Spencer, 44 A.D.3d 422 (N.Y. App. Div. 2007). · Go Syfert
People v. Spencer, 44 A.D.3d 422 (N.Y. App. Div. 2007). Cases Citing This Book View Copy Cite
20 citation events (20 in the last 25 years) across 4 distinct courts.
Treatment trajectory · 2008 → 2026 · click a year to view as-of
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Top citers, strongest first. 4 distinct citers. How cited ↗
cited Cited as authority (rule) People v. Chacon
N.Y. App. Div. · 2023 · confidence medium
In any event, any error was harmless ( see Lewis , 44 AD3d at 423).
cited Cited as authority (rule) People v. Chacon
N.Y. App. Div. · 2023 · confidence medium
In any event, any error was harmless ( see Lewis , 44 AD3d at 423).
discussed Cited as authority (rule) People v. Beckham
N.Y. App. Div. · 2016 · confidence medium
The Supreme Court also properly granted the People’s motion to compel the defendant to submit a buccal swab for DNA testing (see CPL 240.40 [2] [b] [v]; 240.90; People v Ruffell, 55 AD3d 1271, 1272 [2008]; People v Lewis, 44 AD3d 422, 422-423 [2007]).
discussed Cited as authority (rule) People v. Addison (2×)
N.Y. Sup. Ct. · 2016 · confidence medium
The People draw support from various cases (People’s re-argument motion at 5-6), none of which involved a motion to permit a bodily intrusion implicating a defendant’s Fourth Amendment rights (People v Jenkins, 98 NY2d 280, 284 [2002] [ballistics report]; Lewis, 44 AD3d at 423 [writing exemplar]; Finkle, 192 AD2d at 788 [writing exemplar]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Gary Spencer
Appellate Division of the Supreme Court of the State of New York.
Oct 11, 2007.
44 A.D.3d 422
Published

Judgment, Supreme Court, New York County (Joan C. Sudolnik, J.), rendered March 4, 2005, convicting defendant, after a jury trial, of attempted rape in the first degree, and sentencing him to a term of 3½ years, unanimously affirmed.

By failing to object, or by making general objections (see e.g. People v Harris, 98 NY2d 452, 492 [2002]; People v Gonzalez, 55 NY2d 720 [1981]), defendant failed to preserve any of his challenges to the prosecutor’s impeachment of the victim’s trial testimony by means of her prior written statement and her grand jury testimony, and any of his various related claims. We decline to review these arguments in the interest of justice. Were we to review them, we would find that the victim’s testimony was not merely unhelpful, but affirmatively damaged the People’s case by negating the element of force, thus allowing the People to impeach her (see CPL 60.35 [1]; People v Fitzpatrick, 40 NY2d 44, 51-52 [1976]). We would also conclude that the court gave the jury a proper limiting instruction with regard to this evidence (see CPL 60.35 [2]). Any error in the method in which the impeaching materials were used was harmless. Defendant’s remaining claims are without merit. Concur— Tom, J.R, Mazzarelli, Friedman, Sullivan and Nardelli, JJ.