PEOPLE v. GARNER


159 A.D.2d 970 (1990)

The People of the State of New York, Respondent, v. Edwin D. Garner, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

March 16, 1990


Judgment unanimously affirmed.

Memorandum:

Defendant's argument that evidence relating to his bootprints was improperly admitted is unpreserved for review. Defense counsel not only failed to object to testimony concerning the bootprints but joined in the motion to admit the photographs of the bootprints. We find that the proof of identity in this circumstantial evidence case was legally sufficient (see, People v Brooks, 92 A...

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