From Casetext: Smarter Legal Research

People v. Sistrunk

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1991
172 A.D.2d 862 (N.Y. App. Div. 1991)

Opinion

April 29, 1991

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


Ordered that the judgment is affirmed.

While the trial court erred in permitting the prosecution's witness to testify that he observed the defendant commit what he considered to be criminal offenses, reversal of the judgment of conviction is not warranted on that basis, as the evidence of the defendant's guilt was overwhelming, and the testimony as to uncharged crimes was not so pervasive as to have created a significant probability that it directed the jury's attention from the actual charges to be proven (cf., People v. McArthur, 170 A.D.2d 540; People v. Harris, 150 A.D.2d 723, 726).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Thompson, J.P., Brown, Kunzeman and Balletta, JJ., concur.


Summaries of

People v. Sistrunk

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1991
172 A.D.2d 862 (N.Y. App. Div. 1991)
Case details for

People v. Sistrunk

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID SISTRUNK…

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

Date published: Apr 29, 1991

Citations

172 A.D.2d 862 (N.Y. App. Div. 1991)
569 N.Y.S.2d 218

Citing Cases

People v. Myers

The testimony was not relevant to the crimes charged and was admitted only to demonstrate defendant's…