Opinion
2000-05415
Argued April 15, 2003.
May 5, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered May 22, 2000, convicting him of robbery in the third degree, upon a jury verdict, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Adrienne Gantt and Patterson, Belknap, Webb and Tyler, LLP [Daniel Ravicher] of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Catherine C. Montjar of counsel), for respondent.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, GABRIEL M. KRAUSMAN, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the prosecutor's solicitation of testimony from two police witnesses regarding his pre-arrest silence on the People's direct case deprived him of a fair trial is only partially preserved for appellate review (see CPL 470.05 ). In any event, the defendant's claim is without merit. Given the extremely limited context in which the defendant's pre-arrest silence was raised by the prosecutor, the court's charge to the jury, and the evidence of the defendant's guilt, any error was harmless (see People v. Crimmins, 36 N.Y.2d 230, 242; see also People v. Wong, 201 A.D.2d 688; People v. Gluckowski, 174 A.D.2d 752, 753).
RITTER, J.P., ALTMAN, KRAUSMAN and CRANE, JJ., concur.