[*1]
People v Torres (Joshua)
2009 NY Slip Op 52133(U) [25 Misc 3d 131(A)]
Decided on October 21, 2009
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 21, 2009
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: McKeon, P.J., Schoenfeld, Shulman, JJ
570687/06.

The People of the State of New York, Respondent,

against

Joshua Torres, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (ShawnDya L. Simpson, J.), rendered September 11, 2006, after a jury trial, convicting him of assault in the third degree, and imposing sentence.


Per Curiam.

Judgment of conviction (ShawnDya L. Simpson, J.), rendered September 11, 2006, affirmed.

Defendant's hearsay and Confrontation Clause claims regarding a communication between a private security guard and a nontestifying declarant are largely unpreserved (see e.g. People v McNeil, 63 AD3d 551 [2009]), and we decline to review the unpreserved claims in the interest of justice. As an alternative holding, we reject them, as well as the preserved portion of defendant's claim, on the merits. The single question posed by the prosecutor concerning the communication was properly allowed to explain why the security guard responded to the scene and to complete the narrative (see id.; see also People v Barnes, 57 AD3d 289 [2008], lv denied 12 NY3d 781 [2009]). Any error in failing to limit the scope of the isolated statement was harmless in view of the overwhelming evidence of defendant's guilt (see People v Crimmins, 36 NY2d 230 [1975]; People v Rodriguez, 50 AD3d 476 [2008], lv denied 10 NY3d 963 [2008]).

Defendant's remaining contention is without merit.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 21, 2009