Case Detail
CitationPeople v. Wilson, 955 N.Y.S.2d 362 (N.Y. App. Div. 2012)
CrimeMurder
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2010
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the trial court improperly admitted hearsay testimony from an eyewitness, but the error was harmless. "The defendant failed to preserve for appellate review his present contention that the prosecutor improperly elicited hearsay testimony from an eyewitness, namely, that while at the time of the murder, the eyewitness thought the coworker whom he had identified as the shooter was named 'Ramel,' he learned later from his girlfriend, who also worked with the defendant, that the coworker's name was 'Rahman,' which is the defendant's first name (see CPL 470.05[2] ). However, reaching the issue in the exercise of our interest of justice jurisdiction, we conclude that it was error to admit such testimony. . . . Nevertheless, the error was harmless, since the evidence of the defendant's guilt was overwhelming and there is no significant probability that the error contributed to his conviction [citation omitted]. . . .The defendant's contention that the prosecutor improperly questioned a defense witness as to whether he had testified before the grand jury is unpreserved for appellate review. In any event, while the contention has merit [citations omitted], the error was harmless [citation omitted]."
Determination Year2012
Misconduct TypeTR: Inadmissible
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/In%20NYCO%2020121205411