Opinion
Submitted May 18, 1999
June 28, 1999
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered April 14, 1997, convicting her of murder in the second degree, manslaughter in the second degree, and arson in the first degree, upon a jury verdict, and imposing sentence.
Sally Wasserman, New York, N.Y., for appellant.
William L. Murphy, District Attorney, Staten Island, N Y (Karen F. McGee and Jillian S. Harrington of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., DAVID S. RITTER, MYRIAM J. ALTMAN, WILLIAM D. FRIEDMANN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Under the totality of the circumstances, the defendant was not denied the effective assistance of counsel ( see, People v. Benevento, 91 N.Y.2d 708; People v. Sullivan, 153 A.D.2d 223).
The defendant contends that the testimony of three witnesses, who heard her threaten the victim prior to the crime, should have been excluded at the trial because it was unduly cumulative and duplicative. Since no objection was registered as to the number of witnesses presented, this issue was not preserved for appellate review ( see, CPL 470.05; People v. Russell, 79 N.Y.2d 1024). In any event, each witness had a separate relationship with the defendant and perceived different, albeit overlapping, portions of the defendant's threats. The People were not required to stop offering evidence after establishing a prima facie case ( see, People v. Alvino, 71 N.Y.2d 233; People v. Richard, 229 A.D.2d 787).