PEOPLE v. BROWN (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Plaintiff-Respondent, v. Johnnie B. BROWN, Jr., Defendant-Appellant. (Appeal No. 2.)

Decided: November 12, 1999

PRESENT: DENMAN, P.J., GREEN, PINE, SCUDDER and CALLAHAN, JJ.

Elizabeth C. Clarke, for Defendant-Appellant. Elizabeth Clifford, Rochester, for Plaintiff-Respondent.

County Court properly permitted a police investigator to testify that defendant possessed a silver .380 caliber handgun four days before the attempted robbery and murder. In view of the evidence that one of the participants in the crime carried a silver .380 caliber handgun, that testimony was admissible to establish defendant's identity (see, People v. Jackson, 237 A.D.2d 620, 656 N.Y.S.2d 276, lv. denied 90 N.Y.2d 894, 662 N.Y.S.2d 437, 685 N.E.2d 218; People v. Sheriff, 234 A.D.2d 894, 652 N.Y.S.2d 916, lv. denied 90 N.Y.2d 910, 663 N.Y.S.2d 522, 686 N.E.2d 234; People v. Chamberlain, 96 A.D.2d 959, 960, 466 N.Y.S.2d 860). The sentence is neither unduly harsh nor severe.

Judgment unanimously affirmed.

MEMORANDUM:

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