From Casetext: Smarter Legal Research

People v. Latta

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 2002
295 A.D.2d 449 (N.Y. App. Div. 2002)

Opinion

2000-11651

Submitted May 13, 2002.

June 10, 2002.

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered December 19, 2000, convicting him of criminal possession of a weapon in the third degree, grand larceny in the fourth degree, and criminal possession of stolen property in the fourth degree, upon a jury verdict, and imposing sentence.

Lynn W.L. Fahey, New York, N.Y. (De Nice Powell of counsel), for appellant.

William L. Murphy, District Attorney, Staten Island, N Y (Karen F. McGee and Daniela Conti Maiorana of counsel), for respondent.

Before: ANITA R. FLORIO, J.P., CORNELIUS J. O'BRIEN, GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's conviction arises from the theft of a handgun which his aunt kept locked in a box in her apartment. On appeal, he contends that the trial court improperly permitted a detective to testify that, following a conversation with the defendant's cousin, he sought out the defendant to place him under arrest. We agree that the court erred in admitting this testimony because it implied that the defendant's cousin, who was not called as a witness at trial, implicated the defendant in the theft of the gun (see People v. Martinez, 269 A.D.2d 608; People v. Elliott, 256 A.D.2d 418). However, the error was harmless in light of the overwhelming evidence of the defendant's guilt, which included his confession (see People v. Crimmins, 36 N.Y.2d 230; People v. Elliott, supra).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.

FLORIO, J.P., O'BRIEN, KRAUSMAN and LUCIANO, JJ., concur.


Summaries of

People v. Latta

Appellate Division of the Supreme Court of New York, Second Department
Jun 10, 2002
295 A.D.2d 449 (N.Y. App. Div. 2002)
Case details for

People v. Latta

Case Details

Full title:THE PEOPLE, ETC., respondent, v. SHELDON LATTA, appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 10, 2002

Citations

295 A.D.2d 449 (N.Y. App. Div. 2002)
743 N.Y.S.2d 315

Citing Cases

People v. Williams

05; People v Martin, 261 AD2d 488; People v Elliott, 256 AD2d 418; People v White, 210 AD2d 271; People v…

People v. Walker

ORDERED that the judgment is affirmed. The defendant contends that the admission of certain police testimony…