Opinion
Argued May 9, 2000.
June 19, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mason, J.), rendered September 17, 1998, convicting him of criminal possession of a weapon in the second degree, assault in the second degree, and reckless endangerment in the first degree, upon a jury verdict, and sentencing him to indeterminate terms of 6 to 12 years imprisonment on his conviction for criminal possession of a weapon in the second degree, 3 1/2 to 7 years imprisonment on his conviction for assault in the second degree, and 3 1/2 to 7 years imprisonment on his conviction for reckless endangerment in the first degree, all to run concurrently with each other.
Lynn W. L. Fahey, New York, N.Y. (Steven R. Bernhard of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Rhea A. Grob, and Joel M. Athey of counsel), for respondent.
Before: DAVID S. RITTER, J.P., FRED T. SANTUCCI, MYRIAM J. ALTMAN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is modified, on the law, by reducing the sentence imposed upon the conviction for reckless endangerment in the first degree from a term of 3 1/2 to 7 years to a term of 2 1/3 to 7 years imprisonment; as so modified, the judgment is affirmed.
The defendant contends that the trial court erred in allowing police personnel to testify regarding certain statements made to them by the complaining witness. Any error in the admission of such testimony, however, is harmless under the circumstances of this case, especially in view of the fact that the defense counsel initially elicited the content of the statements during cross examination of the complaining witness (see, People v. Crimmins, 36 N.Y.2d 230).
As the People correctly concede, the sentence imposed upon the conviction for reckless endangerment in the first degree was unlawful, and the term must be reduced from 3 1/2 to 7 years to 2 1/3 to 7 years (see, Penal Law §§ 70.00 Penal(2)(d), (3)(b), 70.02(1)(c), 120.25).