People v. Easley

Appellate Division of the Supreme Court of New York

People v. Easley

298 A.D.2d 170, 748 N.Y.S.2d 476, 2002 N.Y. App. Div. LEXIS 9469

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 8, 2002

StatusPublished

This text of 298 A.D.2d 170 (People v. Easley) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Easley, 298 A.D.2d 170, 748 N.Y.S.2d 476, 2002 N.Y. App. Div. LEXIS 9469 (N.Y. Ct. App. 2002).

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Opinion

Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered March 14, 2000, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him to a term of three years, unanimously affirmed.

Defendant was not deprived of a fair trial by the arresting officer’s brief and unsolicited mention, while giving a narrative of the arrest, that defendant directed a racial epithet at him. Any error in the admission of the statement was harmless in light of the overwhelming evidence of defendant’s guilt and the fact that testimony as to defendant’s similar expressions of bias against the victims was already in evidence (see People v Crimmins, 36 NY2d 230). Defendant’s remaining contentions concerning this testimony are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them. Concur — Tom, J.P., Sullivan, Rosenberger, Ellerin and Rubin, JJ.

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Judgment, Supreme Court, Bronx County (Joseph Fisch, J.), rendered March 14, 2000, convicting defendant, after a jury trial, of assault in the second degree, and sentencing him to a term of three years, unanimously affirmed.

Defendant was not deprived of a fair trial by the arresting officer’s brief and unsolicited mention, while giving a narrative of the arrest, that defendant directed a racial epithet at him. Any error in the admission of the statement was harmless in light of the overwhelming evidence of defendant’s guilt and the fact that testimony as to defendant’s similar expressions of bias against the victims was already in evidence (see People v Crimmins, 36 NY2d 230). Defendant’s remaining contentions concerning this testimony are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them. Concur — Tom, J.P., Sullivan, Rosenberger, Ellerin and Rubin, JJ.

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Bluebook (online)

298 A.D.2d 170, 748 N.Y.S.2d 476, 2002 N.Y. App. Div. LEXIS 9469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-easley-nyappdiv-2002.

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