| People v Rogers |
| 2020 NY Slip Op 06022 [187 AD3d 607] |
| October 22, 2020 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Bryan Rogers, Appellant. |
Janet E. Sabel, The Legal Aid Society, New York (Allen Fallek of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Susan Axelrod of counsel), for respondent.
Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered January 4, 2017, convicting defendant, after a jury trial, of murder in the second degree and two counts of criminal possession of a weapon in the second degree, and sentencing him to an aggregate term of 25 years to life, unanimously affirmed.
The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury's credibility determinations, including its resolution of alleged inconsistencies in testimony.
The court providently exercised its discretion in permitting the People to introduce limited rebuttal testimony from several witnesses, even if some of the evidence was "not technically of a rebuttal nature but more properly a part of the offering party's original case" (CPL 260.30 [7]; People v Harris, 57 NY2d 335, 345 [1982], cert denied 460 US 1047 [1983]). This evidence was responsive to issues raised on defendant's case (see e.g. People v Davis, 298 AD2d 286 [1st Dept 2002], lv denied 99 NY2d 557 [2002]). In any event, defendant was not unduly prejudiced by any of the rebuttal testimony. Concur—Friedman, J.P., Kern, Scarpulla, Shulman, JJ.