Citation Numbers: 165 A.D.2d 919, 560 N.Y.S.2d 529, 1990 N.Y. App. Div. LEXIS 11071
Judges: Casey, Harvey, Levine, Mercure, Yesawich
Filed Date: 9/13/1990
Status: Precedential
Modified Date: 10/31/2024
Appeal from a judgment of the County Court of Tompkins County (Friedlander, J.), rendered October 30, 1989, upon a verdict convicting defendant of the crimes of robbery in the second degree and grand larceny in the fourth degree.
This appeal arises out of defendant’s conviction, after a jury trial, of the crimes of robbery in the second degree and grand larceny in the fourth degree. The two-count indictment alleged that defendant forcibly stole cash in the approximate amount of $234 from an employee of Tanana Oil Company in the City of Ithaca, Tompkins County, on Thanksgiving Day, November 24, 1988. In our view, there should be an affirmance.
There is no merit to defendant’s contention that his trial was unfair. Neither the single, isolated reference of the arresting officer to a "mug shot” (see, People v Gendrin, 103 AD2d 895, 896), nor the testimony of defendant’s girlfriend that she obtained Family Court orders of protection against defendant in the past, deprived defendant of a fair trial. Because the testimony had a bearing on her credibility, County Court did not abuse its discretion in allowing defendant’s girlfriend to be cross-examined regarding her fear of defendant (see, People v Wade, 99 AD2d 474).
Judgment affirmed.