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People v. Gannaway

Appellate Division of the Supreme Court of New York, Second Department
Feb 11, 1991
170 A.D.2d 529 (N.Y. App. Div. 1991)

Opinion

February 11, 1991

Appeal from the Supreme Court, Kings County (Lipp, J.).


Ordered that the judgment is affirmed.

The defendant's contentions concerning the admission of hearsay testimony (see, People v Love, 92 A.D.2d 551), alleged bolstering testimony and the prosecutor's summation are either unpreserved for appellate review (see, CPL 470.05) or constitute harmless error in view of the overwhelming proof of his guilt. There is no significant probability that the jury would have acquitted the defendant had the errors not occurred (see, People v Crimmins, 36 N.Y.2d 230). Similarly, the defendant did not object to the court's unrequested delivery of a charge regarding his failure to testify pursuant to CPL 300.10 (2), and any error with respect thereto was harmless (see, People v Lawton, 144 A.D.2d 584). Kunzeman, J.P., Kooper, Eiber and O'Brien, JJ., concur.


Summaries of

People v. Gannaway

Appellate Division of the Supreme Court of New York, Second Department
Feb 11, 1991
170 A.D.2d 529 (N.Y. App. Div. 1991)
Case details for

People v. Gannaway

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAWRENCE GANNAWAY…

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

Date published: Feb 11, 1991

Citations

170 A.D.2d 529 (N.Y. App. Div. 1991)

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