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The People of the State of New York, Respondent v. Brandon Bibbes

New York Supreme and/or Appellate Courts Appellate Division, Fourth Department


November 9, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
BRANDON BIBBES, DEFENDANT-APPELLANT.

People v Bibbes

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Released on November 9, 2012

MOTION NO. (922/12)

MEMORANDUM AND ORDER

Motion for reargument of the appeal is granted to the extent that, upon reargument, the memorandum and order entered September 28, 2012 (98 AD3d 1267) is amended by deleting the first sentence of the fourth paragraph of the memorandum and substituting the following sentence: "We reject defendant's further contention that Supreme Court erred in permitting a prosecution witness to testify that, on the day after the incident, defendant told her that he would cap [the victim] and her daughter' because he would not go to jail for a crime he did not commit, and that defendant then pulled up his shirt and revealed like a little gun or something like that in his waist.' "

PRESENT: CENTRA, J.P., PERADOTTO, CARNI, LINDLEY, AND SCONIERS, JJ. (Filed Nov. 9, 2012.)

20121109

© 1992-2012 VersusLaw Inc.



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