Opinion
July 20, 2000.
Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered May 30, 1996, convicting defendant, after a jury trial, of assault in the second degree, intimidating a victim or witness in the third degree and menacing in the second degree, and sentencing him, as a second felony offender, to consecutive terms of 3 1/2 to 7 years and 1 1/2 to 3 years concurrent with a term of 1 year, and judgment, same court and Justice, rendered October 11, 1996, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him, as a second felony offender, to a concurrent term of 3 1/2 to 7 years, unanimously affirmed.
Deborah L. Morse, for respondent.
Natalie Rea, for defendant-appellant.
Before: Nardelli, J.P., Ellerin, Lerner, Buckley, Friedman, JJ.
The hypothetical question posed to the People's expert witness could not have affected the verdict and did not deprive defendant of a fair trial.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.