Opinion
2001-09688.
December 1, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lott, J.), rendered October 16, 2001, convicting him of murder in the second degree, attempted murder in the second degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Warren S. Landau of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent.
Before: THOMAS A. ADAMS, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that he was deprived of a fair trial based on the prosecutor's repeated references to his nickname, "Killer," is not preserved for appellate review ( see People v. Caver, 302 A.D.2d 604; People v. Diaz, 235 A.D.2d 236; see also CPL 470.05). In any event, while there may have been some instances of improper use of the defendant's nickname, reference to the defendant's nickname was relevant to his identity as one of the shooters ( see People v. Caver, supra; People v. Candelario, 198 A.D.2d 512, 513; People v. Louis, 192 A.D.2d 558). The defendant was generally known by his nickname and was identified by his nickname by an eyewitness and one of the victims ( see People v. Candelario, supra).
The defendants' remaining contentions either are without merit or do not require reversal in light of the overwhelming evidence of guilt ( see People v. Benevento, 91 N.Y.2d 708; People v. Crimmins, 36 N.Y.2d 230; People v. Roberts, 163 A.D.2d 120; cf. People v. Betts, 70 N.Y.2d 289, 295).
S. MILLER, J.P., GOLDSTEIN, ADAMS and CRANE, JJ., concur.