People v. Washington — 237 A.D.2d 637

Majority

p. 637

The People of the State of New York, Respondent, v Sidney Washington, Appellant.

[655 NYS2d 1016]

Appeal by the

p. 638

defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered April 17, 1995, convicting him of murder in the second degree and attempted murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The trial court made several rulings during the course of the trial and thereafter reversed itself, without timely warning to the defendant. However, the ultimate rulings were proper (see, People v Alvino, 71 NY2d 233 ; People v Molineux, 168 NY 264 ; People v Hawker, 215 AD2d 499 , 500; People v Galloway, 54 NY2d 396 ; People v Thomas, 51 NY2d 466 ; People v Russo, 201 AD2d 512 , affd 85 NY2d 872 ; People v Canty, 60 NY2d 830 ; People v Russell, 266 NY 147 , 151; People v Simms, 209 AD2d 192 , 193; People v McCray, 204 AD2d 490 , 491; People v Grant, 186 AD2d 267 ; People v Olden, 173 AD2d 867 ; People v Luberoff, 150 AD2d 802 ). It cannot be said that the defendant’s summation was affected by the court’s changed rulings (see, People v Miller, 70 NY2d 903 ), and, in any event, the evidence of the defendant’s guilt was overwhelming. Accordingly, the conduct of the trial court constituted harmless error (see, People v Crimmins, 36 NY2d 230 ).

Further, the defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80 ). O’Brien, J. P., Ritter, Krausman and Goldstein, JJ., concur.

Cases cited

People v. Alvino 71 NY2d 233 N.Y. 1987-12-17 p. 638
People v. Molineux 168 NY 264 N.Y. 1901-10-15 p. 638
People v. Galloway 54 NY2d 396 N.Y. 1981-11-24 p. 638
People v. Thomas 51 NY2d 466 N.Y. 1980-12-18 p. 638
People v. Russo 85 NY2d 872 N.Y. 1995-03-23 p. 638
People v. Canty 60 NY2d 830 N.Y. 1983-11-01 p. 638
People v. Russell 266 NY 147 N.Y. 1934-12-31 at 151 p. 638
People v. Sims 209 AD2d 192 N.Y. App. Div. 1994-11-03 at 193 p. 638
People v. McCray 204 AD2d 490 N.Y. App. Div. 1994-05-09 at 491 p. 638
People v. Olden 173 AD2d 867 N.Y. App. Div. 1991-05-31 p. 638
People v. Luberoff 150 AD2d 802 N.Y. App. Div. 1989-05-30 p. 638
People v. Miller 70 NY2d 903 N.Y. 1987-12-21 p. 638
People v. Crimmins 36 NY2d 230 N.Y. 1975-02-25 p. 638
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 638