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PEOPLE v. BROWNING

225 A.D.2d 340 (1996)

638 N.Y.S.2d 628

The People of the State of New York, Respondent, v. Robert Browning, Appellant

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

March 7, 1996

The admission of testimony that the police officers had been told by three individuals on the street that defendant had a gun was entirely proper, since it was "appropriate narrative testimony, and was not offered to prove the fact that defendant had a gun" (People v Mosely, 200 A.D.2d 430, 431, lv denied 83 N.Y.2d 856). As the court noted, this testimony was necessary in order to prevent undue speculation by the jury as to...

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