People v. Schrader
Opinion of the Court
—Judgment" unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a bench trial of attempted assault in the second degree (Penal Law §§ 110.00, 120.05 [2]) and aggravated harassment in the second degree (Penal Law § 240.30 [3]). County Court properly denied defendant’s motion to suppress the identification testimony of an eyewitness and
The court erred in allowing evidence of prior uncharged crimes and bad acts of defendant (see generally, People v Ventimiglia, 52 NY2d 350, 359-360). The error, however, is harmless. The evidence of defendant’s guilt is overwhelming, and there is no significant probability that the error contributed to defendant’s conviction (see, People v Crimmins, 36 NY2d 230, 242).
By failing to object when the verdict was rendered, defendant failed to preserve for our review his contentions that the court erred in failing to inform counsel that it would consider the lesser included offense of attempted assault in the second degree (see, People v Jackson, 166 AD2d 356, lv denied 77 NY2d 839) and in failing to permit defense counsel to deliver a summation (see, CPL 320.20 [3]). We decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Judgment of Onondaga County Court, Fahey, J. — Attempted Assault, 2nd Degree.) Present — Pine, J. P., Lawton, Wisner, Callahan and Fallon, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.