Opinion
February 4, 1994
Appeal from the Supreme Court, Erie County, Kasler, J.
Present — Denman, P.J., Green, Balio, Lawton and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that the trial court erred in admitting statements that he made during three postcrime telephone calls to the victim. Those statements consisted of a threat to burn down the house of the victim's cousins if they did not stop saying that defendant had shot the victim, a directive that the victim not tell anyone that defendant had shot her, and a suggestion that the victim "mix up" her story. We conclude that the trial court properly admitted those statements into evidence as indicative of defendant's consciousness of guilt (see, People v. Bennett, 79 N.Y.2d 464, 469-470; People v. Shilitano, 218 N.Y. 161, 179).
We have reviewed defendant's remaining contention and find it to be without merit.