Appellate Division of the Supreme Court of New York, 1998

People v. Hector

People v. Hector
Appellate Division of the Supreme Court of New York · Decided March 10, 1998 · Milonas, Rubin, Sullivan, Tom
248 A.D.2d 184; 670 N.Y.S.2d 764; 1998 N.Y. App. Div. LEXIS 2392
People v. Hector

Opinion of the Court

—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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