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People v. Grant

133 A.D.2d 466 Court N.Y. App. Div. Decision date 1987-09-28 English

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The People of the State of New York, Respondent, v Delroy Grant, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kramer, J.), rendered January 21, 1983, convicting him of attempted murder in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that he was deprived of his right of confrontation when a police detective testified concerning statements made by a man seen with the defendant just prior to the shooting (see, US Const 6th Amend; Pointer v Texas, 380 US 400 ). However, the defendant did not object to this

p. 467
testimony, elicited on redirect examination, which merely expounded on an issue introduced by the defendant on cross-examination. In any event, the proof of guilt, which includes the defendant’s admission to his paramour and the identification of the defendant by a police officer and another eyewitness, is overwhelming (see, People v Sheffield, 118 AD2d 882 , lv denied 68 NY2d 773 ) and we find no reasonable possibility that the admission of the now-challenged testimony contributed to the defendant’s conviction. Thus, any error in the admission of the testimony was harmless beyond a reasonable doubt (see, People v Crimmins, 36 NY2d 230 , 237).

The defendant’s sentence was not harsh or excessive (see, People v Suitte, 90 AD2d 80 ). We have considered the defendant’s remaining contentions and find them to be both merit-less and unpreserved for appellate review. Lawrence, J. P., Eiber, Sullivan and Harwood, JJ., concur.

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