People v Arevalo
2010 NY Slip Op 01808 [71 AD3d 688]
March 2, 2010
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 28, 2010


The People of the State of New York, Respondent,
v
Mauricio Arevalo, Appellant.

—[*1] Lynn W. L. Fahey, New York, N.Y. (Andrew E. Abraham of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Anastasia Spanakos of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kohm, J.), rendered January 18, 2007, convicting him of attempted rape in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court erroneously sustained the prosecutor's objections to certain proposed testimony by the defendant (see People v Kass, 59 AD3d 77, 86-87 [2008]). The error, however, was harmless (see People v Crimmins, 36 NY2d 230 [1975]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Prudenti, P.J., Dillon, Eng and Roman, JJ., concur.