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People v. Rocco Graziosa

Post-arrest demeanor evidence was admissible in action for assault on professional athlete.

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Judge Stolz

PEOPLE v. ROCCO GRAZIOSA — The defendant was convicted of Assult in the Third Degree (Penal Law §120.00[1]) following a jury trial. He now moves to set aside that verdict pursuant to Criminal Procedure Law §330.30(1), arguing that the admission into evidence of testimony that he had been smiling following his arrest and the prosecutor’s reference to that testimony in summation were errors which would require reversal as a matter of law if raised upon appeal. The motion is denied. The court finds: (1) the evidence was properly received as probative of the defendant’s state of mind, which was particularly relevant to his proffered defense of justification: (2) its receipt and the prosecutor’s argument violated neither State evidentiary rules nor any constitutional proscription; (3) defendant’s claims of error were not preserved; and (4) even if error were committed, and otherwise reviewable, it was harmless beyond a reasonable doubt.

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