People v. Ellis

274 A.D.2d 338, 711 N.Y.S.2d 887, 2000 N.Y. App. Div. LEXIS 8051

Opinion

—Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered May 30, 1996, convicting defendant, after a jury trial, of assault in the second degree, intimidating a victim or witness in the third degree and menacing in the second degree, and sentencing him, as a second felony offender, to consecutive terms of 3V2 to 7 years and IV2 to 3 years concurrent with a term of 1 year, and judgment, same court and Justice, rendered October 11, 1996, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to a concurrent term of 3V2 to 7 years, unanimously affirmed.

The hypothetical question posed to the People’s expert witness could not have affected the verdict and did not deprive defendant of a fair trial. Concur — Nardelli, J. P., Ellerin, Lerner, Buckley and Friedman, JJ. [See, 170 Misc 2d 945.]