Opinion
1998-09424
Argued February 26, 2002.
March 25, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Martin, J.), rendered October 8, 1998, convicting him of attempted murder in the second degree, upon a jury verdict, and imposing sentence.
Thomas D. White, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, and Benjamin Schneider of counsel), for respondent.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, WILLIAM D. FRIEDMANN, and BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed.
The defendant was convicted of attempted murder in the second degree in connection with his shooting of the superintendent of the apartment building in which he lived. Contrary to the defendant's contention, testimony elicited by the People regarding the defendant's conduct in the apartment building prior to the shooting did not constitute improper character evidence, but rather, was properly admitted to explain the defendant's state of mind (see People v. Finger, 266 A.D.2d 561, affd 95 N.Y.2d 894; People v. Medunjanin, 276 A.D.2d 719; People v. Wright, 266 A.D.2d 414). Further, the defendant's contentions that the prosecutor improperly asked him whether other witnesses had lied during their testimony (see People v. Leuthner, 216 A.D.2d 327, 328), and improperly suggested during summation that the jury would have to find the People's witnesses were liars in order to acquit him (see People v. Bull, 218 A.D.2d 663; People v. Langford, 153 A.D.2d 908), were not preserved for appellate review (see CPL 470.05; People v. Balls, 69 N.Y.2d 641). In any event, any error was harmless in light of the overwhelming evidence of the defendant's guilt (see People v. Crimmins, 36 N.Y.2d 230; People v. McGlone, 222 A.D.2d 529).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
RITTER, J.P., SMITH, FRIEDMANN and COZIER, JJ., concur.