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People v. Graebe

Appellate Division of the Supreme Court of New York, Second Department
Aug 13, 2001
286 A.D.2d 403 (N.Y. App. Div. 2001)

Opinion

Submitted June 22, 2001.

August 13, 2001.

Appeals by the defendant from (1) a judgment of the County Court, Suffolk County (Pitts, J.), rendered April 18, 1997, convicting him of resisting arrest under the third count of the indictment, upon a jury verdict, and imposing sentence, and (2) a judgment of the Supreme Court, Suffolk County (Mullen, J.), also rendered April 18, 1997, convicting him of aggravated unlicensed operation of a motor vehicle in the first degree and operating a motor vehicle while under the influence of alcohol under the first and second counts of the indictment, upon a jury verdict, and imposing sentence.

Arza Rayches Feldman, Roslyn, N.Y., for appellant.

James M. Catterson, Jr., District Attorney, Riverhead, N Y (Marion M. Tang of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, SANDRA J. FEUERSTEIN, BARRY A. COZIER, JJ.


ORDERED that the judgments are affirmed.

The defendant's contention that the prosecutor improperly cross-examined him during the first trial by inquiring as to whether he was suggesting that the testifying police officers were liars was not preserved for appellate review (see, CPL 470.05; People v. Booth, 265 A.D.2d 485; People v. Blakes, 163 A.D.2d 173). In any event, any impropriety was harmless since the inquiry was an isolated one, and in light of the overwhelming evidence of the defendant's guilt (see, People v. Ayala, 228 A.D.2d 177; People v. McGlone, 222 A.D.2d 529).

The defendant's further contention that the People improperly introduced testimony during both trials concerning his statements that was not included in the notice pursuant to CPL 710.30 is without merit (see, People v. Steisi, 257 A.D.2d 582; People v. Coleman, 256 A.D.2d 473; People v. McCaskell, 217 A.D.2d 527). In any event, any alleged error was harmless in light of the overwhelming evidence of the defendant's guilt (see, People v. Williams, 262 A.D.2d 667).

O'BRIEN, J.P., ALTMAN, FEUERSTEIN and COZIER, JJ., concur.


Summaries of

People v. Graebe

Appellate Division of the Supreme Court of New York, Second Department
Aug 13, 2001
286 A.D.2d 403 (N.Y. App. Div. 2001)
Case details for

People v. Graebe

Case Details

Full title:THE PEOPLE, ETC., respondent, v. MARK R. GRAEBE, appellant

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

Date published: Aug 13, 2001

Citations

286 A.D.2d 403 (N.Y. App. Div. 2001)
728 N.Y.S.2d 718