Opinion
May 15, 1995
Appeal from the Supreme Court, Kings County (Lipp, J.).
Ordered the judgment is affirmed.
The defendant's contention that the introduction of rebuttal testimony was improper is without merit. The defendant testified on direct and cross-examination that he was not knowledgeable about guns. This testimony was important to his justification defense. The rebuttal testimony showed that weapons and ammunition were found in the defendant's apartment. Thus, such testimony was not collateral, but rather was directed at the validity of the defendant's claims at trial (see, People v Knight, 80 N.Y.2d 845, 847; People v Harris, 57 N.Y.2d 335, 345).
While the court erred in permitting the prosecutor to question the defendant about his pre-arrest silence, that error was harmless beyond a reasonable doubt (see, People v Crimmins, 36 N.Y.2d 230).
The defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80). Balletta, J.P., O'Brien, Thompson and Altman, JJ., concur.