Opinion
Submitted May 5, 2000.
June 19, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered November 21, 1997, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Neil L. Fishman of counsel), for appellant.
William L. Murphy, District Attorney, Staten Island, N.Y. (Karen F. McGee and Michael K. Degree of counsel), for respondent.
Before: THOMAS R. SULLIVAN, J.P., SONDRA MILLER, ANITA R. FLORIO, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
On redirect examination of the witness who called the 911 emergency number to report the robbery, the prosecutor was permitted to inquire, without leading, about that witness's statement to the 911 operator identifying the defendant as the robber. This was not error, as defense counsel had opened the door by using part of the statement to impeach the witness on cross examination (see, People v. Powell, 137 A.D.2d 730, 731; People v. Richardson, 127 A.D.2d 617, 618).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).