PEOPLE v. THOMAS


262 A.D.2d 213 (1999)

692 N.Y.S.2d 341

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BENJAMIN THOMAS, Appellant.

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

Decided June 22, 1999.


The verdict was not against the weight of the evidence. We perceive no reason to disturb the jury's credibility findings.

Defendant opened the door to the prosecutor's questions concerning his prior familiarity with and use of guns (see, People v Hicks, 226 A.D.2d 189, 190, lv denied 88 N.Y.2d 966), and the court's limiting instruction prevented any prejudice to defendant.

The court properly gave a missing...

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