Opinion
February 14, 1995
Appeal from the Supreme Court, Queens County (Harbater, J.).
Ordered that the judgment is affirmed.
The trial court erred by allowing the prosecutor to cross-examine a defense witness regarding his failure to present exculpatory information to law enforcement authorities without first establishing the proper foundation, as required by People v. Dawson ( 50 N.Y.2d 311), for such cross-examination (see, People v. Morris, 100 A.D.2d 600). Furthermore, the trial court erred by failing to instruct the jury that a witness has no moral or civil obligation to go to the police with exculpatory information (see, People v. Brown, 104 A.D.2d 383). However, in light of the overwhelming evidence of the defendant's guilt, these errors are harmless (see, People v. Cook, 117 A.D.2d 675).
The sentence that was imposed is not excessive (see, People v Suitte, 90 A.D.2d 80).
The defendant's remaining contention is unpreserved for appellate review (see, CPL 470.05). Ritter, J.P., Pizzuto, Friedmann and Goldstein, JJ., concur.