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People v. Webster

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 2, 1989
151 A.D.2d 989 (N.Y. App. Div. 1989)

Opinion

June 2, 1989

Appeal from the Onondaga County Court, Burke, J.

Present — Callahan, J.P., Doerr, Boomer, Lawton and Davis, JJ.


Judgment unanimously affirmed. Memorandum: Although it was error for the prosecutor to read a part of defendant's Grand Jury testimony relating to his prior conviction for a felony, in light of the overwhelming evidence of defendant's guilt the error may be deemed harmless (see, People v. Crimmins, 36 N.Y.2d 230; People v. Rullo, 31 N.Y.2d 894, 895; People v. Breslin, 21 N.Y.2d 712). Moreover, an objection to the prosecutor's question was sustained and the court promptly instructed the jury to disregard it.

There was no abuse of discretion in the trial court's Sandoval ruling (People v. Sandoval, 34 N.Y.2d 371). The trial court, in balancing the probative value of such evidence against the danger of unfair prejudice to defendant, properly ruled that it would exclude evidence of certain prior crimes but permit evidence of others. Finally, we reject defendant's claim that he was deprived of a fair trial by the cumulative effect of the alleged errors.


Summaries of

People v. Webster

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 2, 1989
151 A.D.2d 989 (N.Y. App. Div. 1989)
Case details for

People v. Webster

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERWIN WEBSTER…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 2, 1989

Citations

151 A.D.2d 989 (N.Y. App. Div. 1989)
542 N.Y.S.2d 428

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