People v. Hernandez

265 A.D.2d 161, 696 N.Y.S.2d 429, 1999 N.Y. App. Div. LEXIS 9722

Opinion

—Judgment, Supreme Court, Bronx County (Frank Torres, J.), rendered June 25, 1997, convicting defendant, after a jury trial, of robbery in the first and second degrees, criminal possession of a weapon in the fourth degree and criminal possession of stolen property in the fifth degree, and sentencing her, as a second violent felony offender, to concurrent terms of 6 to 12 years, 4 to 8 years, 1 year and 1 year, unanimously affirmed.

The court properly permitted the People to introduce into evidence the balance of a statement made by the complainant to a police officer after defendant had introduced an excerpt from the same statement as a prior inconsistent statement (see, People v Torre, 42 NY2d 1036). The balance of the police report in question was not received as a prior consistent statement, but as part of the same statement.

In light of the overwhelming evidence of guilt, defendant could not have been deprived of a fair trial by a brief and isolated comment in the prosecutor’s summation improperly suggesting that defendant had revealed a particular strategy during voir dire and then changed strategy after hearing the evidence. Concur — Rosenberger, J. P., Tom, Mazzarelli, Saxe and Buckley, JJ.