People v. Cray

Appellate Division of the Supreme Court of New York

People v. Cray

190 A.D.2d 1042, 593 N.Y.S.2d 621, 1993 N.Y. App. Div. LEXIS 1256

Appellate Division of the Supreme Court of the State of New York·Decided February 5, 1993·Published·Cited by 1 cases

Opinion

— Judgment unanimously affirmed. Memorandum: County Court’s failure to strike the testimony of the police officer concerning seizure of a handgun did not deprive defendant of a fair trial. Although the complainant did testify about being held at gunpoint by defendant and James Garner, defendant was not charged with possession of a handgun. In any event, in view of the overwhelming evidence of guilt, the error, if any, was harmless (see, People v Crimmins, 36 NY2d 230). We also conclude that, although testimony by several police officers constituted improper bolstering of complainant’s testimony, that error was harmless in light of the overwhelming evidence of guilt (see, People v Johnson, 57 NY2d 969; People v Marks, 182 AD2d 1122; People v Williams, 154 AD2d 935, lv denied 75 NY2d 778).

[1043]*1043The other issues raised by defendant either have not been preserved or are without merit (see, People v Gamer, 190 AD2d 994 [decided herewith]; see also, People v Garner, 190 AD2d 1041 [decided herewith]). (Appeal from Judgment of Erie County Court, D’Amico, J. — Sodomy, 1st Degree.) Present— Callahan, J. P., Green, Lawton, Boehm and Doerr, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

— Judgment unanimously affirmed. Memorandum: County Court’s failure to strike the testimony of the police officer concerning seizure of a handgun did not deprive defendant of a fair trial. Although the complainant did testify about being held at gunpoint by defendant and James Garner, defendant was not charged with possession of a handgun. In any event, in view of the overwhelming evidence of guilt, the error, if any, was harmless (see, People v Crimmins, 36 NY2d 230). We also conclude that, although testimony by several police officers constituted improper bolstering of complainant’s testimony, that error was harmless in light of the overwhelming evidence of guilt (see, People v Johnson, 57 NY2d 969; People v Marks, 182 AD2d 1122; People v Williams, 154 AD2d 935, lv denied 75 NY2d 778).

[1043]*1043The other issues raised by defendant either have not been preserved or are without merit (see, People v Gamer, 190 AD2d 994 [decided herewith]; see also, People v Garner, 190 AD2d 1041 [decided herewith]). (Appeal from Judgment of Erie County Court, D’Amico, J. — Sodomy, 1st Degree.) Present— Callahan, J. P., Green, Lawton, Boehm and Doerr, JJ.

People v. Cray, 190 A.D.2d 1042, 593 N.Y.S.2d 621, 1993 N.Y. App. Div. LEXIS 1256 (N.Y. Ct. App. 1993).

Pincite

190 A.D.2d 1042 (People v. Cray) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related