Opinion
2012-05-23
The PEOPLE, etc., respondent, v. Erik JOHNSON, appellant.
Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Daniel Bresnahan of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Daniel Bresnahan of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lasak, J.), rendered March 25, 2010, convicting him of murder in the second degree and criminal possession of a weapon*911 in the fourth degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant was convicted, upon a jury verdict, of murder in the second degree and criminal possession of a weapon in the fourth degree. The defendant appeals from the judgment of conviction. We affirm.
“[E]ven if the Supreme Court erred in denying the defendant's request for a missing witness charge, any error was harmless, as there was overwhelming evidence of the defendant's guilt and no significant probability that the error contributed to his conviction” ( People v. Smalls, 81 A.D.3d 669, 670, 916 N.Y.S.2d 795; see People v. Chardon, 83 A.D.3d 954, 955, 922 N.Y.S.2d 127; compare People v. Brown, 75 A.D.3d 515, 516, 904 N.Y.S.2d 752). For the same reason, any error in admitting certain hearsay testimony of third parties as to what the victim and one of the witnesses said was harmless ( see People v. Harvey, 270 A.D.2d 959, 960, 706 N.Y.S.2d 562).
The defendant's remaining contention is without merit.