People v. Valverde

• Decision Date: 05 June 1995
• Citation: 216 A.D.2d 339,627 N.Y.S.2d 992
• Parties: The PEOPLE, etc., Respondent, v. Alixcair VALVERDE, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 992

627 N.Y.S.2d 992

216 A.D.2d 339

The PEOPLE, etc., Respondent, v. Alixcair VALVERDE, Appellant.

Supreme Court of New York, Appellate Division,

Second Department.

June 5, 1995.

Daniel L. Greenberg, New York City (Kannan Sundaram, of counsel), for appellant.

Charles J. Hynes, Dist. Atty., Brooklyn (Roseann B. MacKechnie, Jane S. Meyers, and Robin C. Smith, of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered March 15, 1993, as amended April 6, 1993, convicting him murder in the second degree (two counts), attempted robbery in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment, as amended, is affirmed.

The defendant's claim of error as to the admission of certain hearsay testimony by the codefendants' uncle is unpreserved for appellate review (see, People v. Dubois, 137 A.D.2d 706, 524 N.Y.S.2d 795). In any event, any error was harmless in light of the overwhelming evidence of the defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230, 367 N.Y.S.2d 213, 326 N.E.2d 787).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

PIZZUTO, J.P., and HART, FRIEDMANN and FLORIO, JJ., concur.