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People v. Arevalo

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


March 2, 2010

THE PEOPLE, ETC., RESPONDENT,
v.
MAURICIO AREVALO, APPELLANT.

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.

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.

A. GAIL PRUDENTI, P.J., MARK C. DILLON, RANDALL T. ENG and SHERI S. ROMAN, JJ.

(Ind. No. 861/06)

DECISION & ORDER

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). The error, however, was harmless (see People v Crimmins, 36 NY2d 230).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

PRUDENTI, P.J., DILLON, ENG and ROMAN, JJ., concur.

20100302

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