From Casetext: Smarter Legal Research

People v. Maggette

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1997
244 A.D.2d 575 (N.Y. App. Div. 1997)

Opinion

November 24, 1997

Appeal from the Supreme Court, Queens County (McGann, J.).


Ordered that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to prove his guilt of the crimes charged is unpreserved for appellate review ( see, CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Williams, 233 A.D.2d 536). In any event, viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).

The court improperly allowed the prosecutor to bolster the in-court testimony of the complaining witness by cross-examining a defense witness as to statements she made to him. The error, however, was harmless in light of the overwhelming evidence of the defendant's guilt and the absence of any significant probability that the defendant would have been acquitted but for the erroneous evidentiary ruling ( see, People v. Hayden, 154 A.D.2d 711).

The defendant's remaining contentions are either unpreserved for appellate review ( see, People v. Nuccie, 57 N.Y.2d 818, 819) or do not warrant reversal ( see, People v. Tankleff, 84 N.Y.2d 992; People v. Roopchand, 65 N.Y.2d 837).

Santucci, J. P., Joy, Friedmann and Luciano, JJ., concur.


Summaries of

People v. Maggette

Appellate Division of the Supreme Court of New York, Second Department
Nov 24, 1997
244 A.D.2d 575 (N.Y. App. Div. 1997)
Case details for

People v. Maggette

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN MAGGETTE…

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

Date published: Nov 24, 1997

Citations

244 A.D.2d 575 (N.Y. App. Div. 1997)
665 N.Y.S.2d 927

Citing Cases

People v. Wallace

Contrary to the defendant's contention, the tape-recorded conversation between a witness who testified at the…

People v. Heath

hat a new trial is required because of a violation of the rule enunciated in People v Trowbridge ( 305 NY…