People v. Grasso

Appellate Division of the Supreme Court of New York

People v. Grasso

255 A.D.2d 523, 680 N.Y.S.2d 166, 1998 N.Y. App. Div. LEXIS 12606

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

DecidedNovember 23, 1998

StatusPublished

This text of 255 A.D.2d 523 (People v. Grasso) 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. Grasso, 255 A.D.2d 523, 680 N.Y.S.2d 166, 1998 N.Y. App. Div. LEXIS 12606 (N.Y. Ct. App. 1998).

Pincite

Opinion

—Appeal by the [524]*524defendant from a judgment of the Supreme Court, Queens County (Thomas, J.), rendered August 6, 1996, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant’s assertions on appeal, the court’s preclusion of various proffered testimony concerning alleged threats against the defendant made by the complaining witness and/or his companions did not constitute reversible error. To the extent that the defendant preserved these arguments for appeal, the proffered testimony would have been, inter alia, merely cumulative (see, CPL 470.05 [2]; People v Dupigney, 156 AD2d 709; People v Rivera, 101 AD2d 981, affd 65 NY2d 661).

The sentence imposed was neither harsh nor excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Bracken, J. P., Miller, Ritter and Thompson, JJ., concur.

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