Opinion
November 12, 1998
Appeal from the Supreme Court, Bronx County (Phyllis Skloot Bamberger, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Questions of credibility were properly presented to the jury and we see no reason to disturb its findings.
Viewed in the context of the trial as a whole, the remarks that the prosecutor elicited from one of the expert psychiatric witnesses called by defendant on the issue of intent concerning defendant's danger to himself and society were relevant to the jury's assessment of the expert's testimony. In any event, were we to find that this testimony was inadmissible, we would find the error to be harmless in view of the overwhelming evidence of guilt and the court's instructions.
Concur — Milonas, J. P., Rosenberger, Williams, Tom and Saxe, JJ.