PEOPLE v. WILLIS

Reset A A Font size: Print

The PEOPLE, etc., respondent, v. Joseph WILLIS, appellant.

Decided: January 26, 2010

PETER B. SKELOS, J.P., RUTH C. BALKIN, JOHN M. LEVENTHAL, and PLUMMER E. LOTT, JJ. Steven Banks, New York, N.Y. (Steven R. Berko of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Alyshea Austern of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hall, J.), rendered January 23, 2008, convicting him of criminal possession of a controlled substance in the third degree and unlawful possession of marijuana, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

“The defendant's contention that the trial court erred in failing to give a limiting instruction to the jury regarding its use of evidence of uncharged crimes or prior bad acts is unpreserved for appellate review since the defendant neither requested such an instruction nor objected to the charge as given” (People v. Giuca, 58 AD3d 750, 751; see People v. Pergya, 53 AD3d 631, 631; People v. Webb, 1 AD3d 542, 543; People v. Johnson, 210 A.D.2d 256, 257; People v. Silva, 187 A.D.2d 467, 468; People v. Jones, 182 A.D.2d 708, 709). “In any event, any error resulting from the alleged failure was harmless, as there was overwhelming evidence of the defendant's guilt, and no significant probability that the error contributed to his convictions” (People v. Giuca, 58 AD3d at 751; see People v. Pergya, 53 AD3d at 631; People v. Silva, 187 A.D.2d at 468; People v. Johnson, 210 A.D.2d at 257; People v. Cauthen, 208 A.D.2d 856, 856).

Copied to clipboard