People v. Caldwell
| Decision Date | 14 February 1989 |
| Citation | 537 N.Y.S.2d 874,147 A.D.2d 581 |
| Parties | The PEOPLE, etc., Respondent, v. Jackie CALDWELL, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Philip L. Weinstein, New York City (Rosali Vazquez, of counsel), for appellant.
Elizabeth Holtzman, Dist. Atty., Brooklyn (Barbara D. Underwood and Melissa Harrison, of counsel, Pamela L. Milgrim, on the brief), for respondent.
Before THOMPSON, J.P., and RUBIN, SPATT and BALLETTA, JJ.
MEMORANDUM BY THE COURT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Aiello, J.), rendered April 29, 1987, convicting him of murder in the second degree (two counts), assault in the first degree (two counts), attempted murder in the second degree, robbery in the first degree, burglary in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant claims that his constitutional right of confrontation was violated when the trial court permitted the investigating detective to testify that the defendant had been arrested after being implicated by another suspect who did not testify at trial. The contention was not preserved for appellate review as a matter of law (CPL 470.05[2]; see, People v. Cummings, 109 A.D.2d 748, 485 N.Y.S.2d 847) and review in the interest of justice is unwarranted in the circumstances at bar (cf., People v. Ranum, 122 A.D.2d 959, 506 N.Y.S.2d 105). In any event, any error would be harmless beyond a reasonable doubt (People v. Crimmins, 36 N.Y.2d 230, 237, 367 N.Y.S.2d 213, 326 N.E.2d 787) in view of the overwhelming evidence of guilt (see, People v. Grant, 133 A.D.2d 466, 519 N.Y.S.2d 682; People v. Dubois, 137 A.D.2d 706, 524 N.Y.S.2d 795).
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