Summary
holding that admission of evidence of defendant's attempt to procure false testimony from complainant, which evidence was indicative of defendant's consciousness of guilt and was supported "by other proof of truly substantial character," and was thus not prejudicial, was not reversible error
Summary of this case from McCullen v. LempkeOpinion
March 17, 1986
Appeal from the Supreme Court, Kings County (Kramer, J.).
Judgment affirmed.
No reversible error was committed in the trial court's decision to allow the People to introduce evidence of the defendant's attempt to procure false testimony from the complainant. Such evidence, indicative of the defendant's consciousness of guilt, was supported "by other proof of a truly substantial character" (People v. Leyra, 1 N.Y.2d 199, 209; People v. Shaw, 111 A.D.2d 415) and, thus, was not prejudicial.
The defendant's claim of error with respect to the trial court's charge has not been preserved for appellate review (see, People v. Aleschus, 55 N.Y.2d 775) and an exercise of this court's discretion in the interest of justice is unwarranted. Lazer, J.P., Rubin, Lawrence and Kooper, JJ., concur.