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

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

DecidedMarch 29, 2016

Docket16494 1533/12

StatusPublished

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

Pincite

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.

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—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.

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Bluebook (online)

137 A.D.3d 666, 27 N.Y.S.3d 373, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lessey-nyappdiv-2016.