From Casetext: Smarter Legal Research

People v. Hardy

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 2005
22 A.D.3d 679 (N.Y. App. Div. 2005)

Opinion

003-08175.

October 17, 2005.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (McDonald, J.), rendered October 3, 2002, convicting him of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (M. Chris Fabricant of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Laura T. Ross of counsel), for respondent.

Before: Prudenti, P.J., H. Miller, Spolzino and Lunn, JJ., concur.


Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that the prosecutor improperly impeached his own witness at trial. After the prosecutor allegedly did so, the defendant asked for and received a curative instruction. The jury is presumed to have followed that instruction ( see People v. Ross, 262 AD2d 429). The defendant neither moved for a mistrial on the ground of improper impeachment nor asked for further curative instructions regarding impeachment at any point in the trial following the issuance of the instruction, and thus failed to preserve the issue for appellate review ( see People v. Carter, 299 AD2d 418).

In any event, given the overwhelming evidence of guilt, any error regarding the People's impeachment of their own witness is harmless ( see People v. Crimmins, 38 NY2d 407; see also People v. Fitzpatrick, 40 NY2d 44, 52; People v. Pellot, 186 AD2d 158).

The defendant's remaining contention is unpreserved for appellate review and, in any event, is without merit.


Summaries of

People v. Hardy

Appellate Division of the Supreme Court of New York, Second Department
Oct 17, 2005
22 A.D.3d 679 (N.Y. App. Div. 2005)
Case details for

People v. Hardy

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERMEL HARDY, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 17, 2005

Citations

22 A.D.3d 679 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 7702
804 N.Y.S.2d 344

Citing Cases

State of N.Y. v. Torres

Contrary to the defendant's contentions, he was neither placed in custody without probable cause ( see People…

People v. Townsend

05[2]; People v. Parilla, 158 A.D.2d 556, 551 N.Y.S.2d 326). In any event, although the witness's statement…