Opinion
Argued September 25, 2000
October 24, 2000.
Appeal by the defendant from two judgments of the County Court, Rockland County (Kelly, J.), both rendered October 8, 1997, convicting him of attempted murder in the second degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and assault in the second degree (three counts) under Indictment No. 96-00418, and bribing a witness (two counts) under Indictment No. 97-00267, upon jury verdicts, and imposing sentences.
Deborah Wolikow Loewenberg, New City, N.Y., for appellant.
Michael E. Bongiorno, District Attorney, New City, N.Y. (Ann C. Sullivan of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, JJ.
DECISION ORDER
ORDERED that the judgments are affirmed.
The defendant was indicted, inter alia, for attempted murder in the second degree for participating in an attack on two men. Shortly before his trial, while out on bail, the defendant offered the complainants money in exchange for testifying falsely that he and his accomplices were not involved in the incident. One complainant accepted a partial payment from the defendant, and then contacted the office of the District Attorney. At his subsequent meeting with the defendant, that complainant wore an electronic transmitter. A detective recorded the defendant saying that he had deposited more money in that complainant's account. The defendant was then rearrested and charged with bribing a witness.
The defendant's post-indictment statements, which gave rise to the bribery charges, were not obtained in violation of his right to counsel (see, People v. Bell, 73 N.Y.2d 153; People v. Middleton, 54 N.Y.2d 474; cf., Massiah v. United States, 377 U.S. 201; Beatty v. Unites States, 389 U.S. 45). The statements were properly admitted at the consolidated trial (see, CPL 200.20[b]; People v. Jenkins, 146 A.D.2d 804; People v. Gomezgil, 135 A.D.2d 561). In any event, in light of the overwhelming evidence of the defendant's guilt, any error was harmless beyond a reasonable doubt (see, People v. Crimmins, 36 N.Y.2d 230). Nor was defense counsel ineffective for failing to move to suppress the statements (see, People v. Rivera, 71 N.Y.2d 705; People v. Trent, 193 A.D.2d 637; People v. Checo, 235 A.D.2d 242).
The defendant's remaining contentions are without merit .