People v. Lessey

Appellate Division of the Supreme Court of New York

People v. Lessey

137 A.D.3d 666, 27 N.Y.S.3d 373

Appellate Division of the Supreme Court of the State of New York·Decided March 29, 2016·No. 16494 1533/12·Published

Opinion

—Judgment, Supreme Court, New York County (Daniel P. Conviser, J.), rendered June 25, 2013, as amended November 18, 2013, convicting defendant, after a jury trial, of assault in the third degree, and sentencing him to a term of nine months, unanimously affirmed.

We need not decide whether defendant preserved his challenge to the court’s ruling striking the testimony of a character witness, or whether the character witness’s testimony was *667 relevant and admissible, because the evidence of defendant’s guilt was overwhelming. If there was any error in the decision to preclude this testimony, it was harmless.

Concur—Friedman, J.P., Acosta, Andrias and Richter, JJ.

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

—Judgment, Supreme Court, New York County (Daniel P. Conviser, J.), rendered June 25, 2013, as amended November 18, 2013, convicting defendant, after a jury trial, of assault in the third degree, and sentencing him to a term of nine months, unanimously affirmed.

We need not decide whether defendant preserved his challenge to the court’s ruling striking the testimony of a character witness, or whether the character witness’s testimony was *667 relevant and admissible, because the evidence of defendant’s guilt was overwhelming. If there was any error in the decision to preclude this testimony, it was harmless.

Concur—Friedman, J.P., Acosta, Andrias and Richter, JJ.

People v. Lessey, 137 A.D.3d 666, 27 N.Y.S.3d 373 (N.Y. Ct. App. 2016).

Pincite

137 A.D.3d 666 (People v. Lessey) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.