From Casetext: Smarter Legal Research

People v. Kong

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1987
131 A.D.2d 783 (N.Y. App. Div. 1987)

Opinion

June 22, 1987

Appeal from the County Court, Nassau County (Harris, J.).


Ordered that the judgment is affirmed.

During the instant trial, the defendant offered, inter alia, testimony from two friends as character witnesses. These two character witnesses testified on direct examination that they and the defendant belonged to the same social club, which one of the witnesses stated was called the "Jamaica Social Club". On cross-examination of these witnesses, and during summation, the prosecutrix referred to the fact that these two witnesses and the defendant belonged to the same "Jamaican Social Club", and "Jamaican organization". The defendant contends that the prosecutrix's conduct in this regard deprived him of a fair trial. We disagree.

Initially, it must be noted that this argument has not been preserved for appellate review (CPL 470.05; People v Thomas, 50 N.Y.2d 467). Nor is reversal warranted in the interest of justice. The prosecutrix did not engage in an improper "thematic reference to * * * race" (see, People v Thomas, 129 A.D.2d 596, 597; see also, People v Ashwal, 39 N.Y.2d 105), but rather simply focused, to a limited extent, on matters covered by the defense during its direct examination of these witnesses.

The defendant also argues that the court committed reversible error by giving an unbalanced charge concerning the issue of interested witnesses. We disagree. Again, the defendant's contention has not been preserved for appellate review (CPL 470.05). In any event, a review of the court's charge indicates that it properly advised the jury that they might consider the interest of any witness (People v Reyes, 118 A.D.2d 666, lv denied 67 N.Y.2d 1056).

Finally, we have examined defendant's remaining argument regarding the alleged excessiveness of his sentence, and find it to be without merit (People v Suitte, 90 A.D.2d 80). Mangano, J.P., Niehoff, Spatt and Harwood, JJ., concur.


Summaries of

People v. Kong

Appellate Division of the Supreme Court of New York, Second Department
Jun 22, 1987
131 A.D.2d 783 (N.Y. App. Div. 1987)
Case details for

People v. Kong

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DURRANT KONG, Appellant

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

Date published: Jun 22, 1987

Citations

131 A.D.2d 783 (N.Y. App. Div. 1987)

Citing Cases

People v. Tinsley

The defendant's further argument that the trial court committed reversible error by delivering an unbalanced…

People v. Hattan

However, in light of the overwhelming evidence of the guilt of the defendant, we find the error harmless…