From Casetext: Smarter Legal Research

People v. Robles

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1994
201 A.D.2d 591 (N.Y. App. Div. 1994)

Opinion

February 14, 1994

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


Ordered that the judgment is affirmed.

The defendant claims reversible error in evidentiary rulings of the trial court. We disagree. Although the trial court erred in excluding, as hearsay, testimony offered to circumstantially prove the defendant's state of mind (see, Matter of Bergstein v Board of Educ., 34 N.Y.2d 318; People v. Martinez, 154 A.D.2d 401), we find that this error was harmless in light of the overwhelming proof of the defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230, 242; People v. Valentin, 130 A.D.2d 529). Moreover, the testimony would have been cumulative since the jury heard other evidence with respect to the defendant's state of mind (see, People v. Martinez, supra). The trial court properly excluded the defendant's testimony concerning the complainant's acts subsequent to the instant crime (see, People v. Pavao, 59 N.Y.2d 282).

We have reviewed the defendant's remaining contentions and find them to be without merit. Mangano, P.J., Rosenblatt, Copertino and Hart, JJ., concur.


Summaries of

People v. Robles

Appellate Division of the Supreme Court of New York, Second Department
Feb 14, 1994
201 A.D.2d 591 (N.Y. App. Div. 1994)
Case details for

People v. Robles

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LYDIA ROBLES, Appellant

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

Date published: Feb 14, 1994

Citations

201 A.D.2d 591 (N.Y. App. Div. 1994)
609 N.Y.S.2d 803

Citing Cases

People v. Barr

Specifically, the defendant attempted to testify to conversations he allegedly had with a man named "Sule"…

People v. Arnold

30 ). We apply the standard for constitutional error to defendant's preserved contention that the error…