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The People of the State of New York, Respondent, v. Javon Jenkins, Appellant

New York Supreme Court, Appellate Division2003-05-22
305 A.D.2d 287758 N.Y.S.2d 810

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Opinion

majority opinion

Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered December 18, 2000, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of 15 years with 5 years postrelease supervision, unanimously affirmed.

Evidence of the victim’s identification of a second perpetrator, who was not on trial, was not relevant to any material issue and defendant’s request to exclude this evidence should have been granted (see People v Rosario, 127 AD2d 209 [1987]). However, the error was harmless (see People v Johnson, 57 NY2d 969 [1982]). Concur — Nardelli, J.P., Sullivan, Rosenberger, Wallach and Gonzalez, JJ.