| People v Reid |
| 2007 NY Slip Op 06908 [43 AD3d 1087] |
| September 18, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Rodney Reid, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J.Caferri, and Laura T. Ross of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.),rendered November 10, 2004, convicting him of criminal possession of a weapon in the seconddegree (three counts), criminal possession of a weapon in the third degree (three counts), criminalpossession of stolen property in the third degree, criminal possession of stolen property in thefourth degree, and tampering with physical evidence, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People vContes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish thedefendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual reviewpower (see CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against theweight of the evidence (see People vRomero, 7 NY3d 633 [2006]).
The defendant's contention that the prosecutor improperly cross-examined a defense witnessabout his failure to inform the police or the District Attorney's office, prior to trial, of exculpatoryevidence is without merit. The prosecutor laid the proper foundation pursuant to People vDawson (50 NY2d 311 [1980]) before questioning the defense witness.
The court's prompt curative instructions rendered harmless any possible improprietyoccasioned by the prosecutor's questioning of a defense witness as to his reason for invoking his[*2]Fifth Amendment privilege against self-incrimination (seePeople v Tafur, 174 AD2d 642 [1991]; People v Codrington, 109 AD2d 891,891-892 [1985]; see also People v Crimmins, 36 NY2d 230 [1975]). Schmidt, J.P.,Santucci, Krausman and McCarthy, JJ., concur.