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People v. Jenkins
305 A.D.2d 287
N.Y. App. Div.
2003
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Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered December 18, 2000, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a *288second violent felony offender, to a term of 15 years with 5 years postrelease supervision, unanimously affirmed.

Evidence of the victim’s identification of a second perpetrator, who was not on trial, was not relevant to any material issue and defendant’s request to exclude this evidence should have been granted (see People v Rosario, 127 AD2d 209 [1987]). However, the error was harmless (see People v Johnson, 57 NY2d 969 [1982]). Concur — Nardelli, J.P., Sullivan, Rosenberger, Wallach and Gonzalez, JJ.

Case Details

Case Name: People v. Jenkins
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: May 22, 2003
Citation: 305 A.D.2d 287
Court Abbreviation: N.Y. App. Div.
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