People v Townsend
2007 NY Slip Op 04150 [40 AD3d 786]
May 8, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 11, 2007


The People of the State of New York, Respondent,
v
Johnnie R. Townsend, Appellant.

—[*1] Steven Banks, New York, N.Y. (William B. Carney of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Collini, J.), rendered August 19, 2004, convicting him of burglary in the first degree and attempted robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant asserts that he was deprived of his constitutional right to present a defense when the court struck testimony concerning the victim's HIV status. However, for the reasons discussed in People v Taylor, 40 AD3d 782 [2007] [decided herewith]), any error was harmless beyond a reasonable doubt.

The defendant's remaining contentions are without merit. Ritter, J.P., Santucci, Balkin and McCarthy, JJ., concur.