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People v. Elliott

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1998
256 A.D.2d 418 (N.Y. App. Div. 1998)

Opinion

December 14, 1998

Appeal from the Supreme Court, Kings County (Gerges, J.).


Ordered that the judgment is affirmed.

The defendant's contention that the trial court improperly participated in the trial proceedings is unpreserved for appellate review (see, CPL 470.05; People v. Green, 244 A.D.2d 423; People v. Jones, 242 A.D.2d 542). In any event, the trial court's conduct did not exceed permissible bounds of participation (see, People v. Jones, supra).

The defendant's remaining contention, that the trial court improperly permitted one officer to testify that following a conversation with the defendant's sister the defendant was placed under arrest, is also unpreserved for appellate review (see, People v. White, 210 A.D.2d 271; People v. Washington, 176 A.D.2d 769). In any event, while it was error to permit such police testimony, which improperly implied that a witness, who was not brought in to testify, did in fact implicate the defendant (see, People v. Griffin, 246 A.D.2d 668; People v. Williams, 193 A.D.2d 826), the error was rendered harmless by the overwhelming evidence of guilt (see, People v. White, supra; People v. Mobley, 56 N.Y.2d 584).

Miller, J. P., Copertino, Thompson and Friedmann, JJ., concur.


Summaries of

People v. Elliott

Appellate Division of the Supreme Court of New York, Second Department
Dec 14, 1998
256 A.D.2d 418 (N.Y. App. Div. 1998)
Case details for

People v. Elliott

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE ELLIOTT…

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

Date published: Dec 14, 1998

Citations

256 A.D.2d 418 (N.Y. App. Div. 1998)
682 N.Y.S.2d 625

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