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People v. Hector

248 A.D.2d 184 Court N.Y. App. Div. Decision date 1998-03-10 English

Judges Concur — Sullivan, J. P., Milonas, Rubin and Tom, JJ.

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p. 184
The People of the State of New York, Respondent, v Romain Hector, Also Known as Hector Roman, Appellant.
p. 185
[670 NYS2d 764]

—Judgment, Supreme Court, New York County (Thomas Galligan, J.), rendered June 20, 1994, convicting defendant, after a jury trial, of two counts of robbery in the second degree, and sentencing him to concurrent terms of 2 to 6 years, unanimously affirmed.

Since defendant’s offer of proof failed to establish the relevance of the witness’s prospective testimony, the court’s refusal to permit defendant to call the witness was proper (People v Arroyo, 77 NY2d 947 , 948). To the extent that the proffered testimony may have corroborated defendant’s own testimony, it did so only as to collateral matters (People v Perez, 236 AD2d 298 , Iv denied 89 NY2d 1039 ). In any event, any error in precluding such testimony was harmless given that the testimony could not have affected the verdict.

Concur — Sullivan, J. P., Milonas, Rubin and Tom, JJ.

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