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People v. Willis

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


January 26, 2010

THE PEOPLE, ETC., RESPONDENT,
v.
JOSEPH WILLIS, APPELLANT.

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.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

PETER B. SKELOS, J.P., RUTH C. BALKIN, JOHN M. LEVENTHAL and PLUMMER E. LOTT, JJ.

(Ind. No. 232/07)

DECISION & ORDER

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 AD2d 256, 257; People v Silva, 187 AD2d 467, 468; People v Jones, 182 AD2d 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 AD2d at 468; People v Johnson, 210 AD2d at 257; People v Cauthen, 208 AD2d 856, 856).

SKELOS, J.P., BALKIN, LEVENTHAL and LOTT, JJ., concur.

20100126

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