| People v Lacewell |
| 2007 NY Slip Op 07865 [44 AD3d 876] |
| October 16, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Timothy Lacewell, Appellant. |
—[*1] Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart andJames Ching of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney,J.), rendered April 13, 2005, convicting him of criminal possession of a controlled substance inthe fourth degree, assault in the second degree, assault in the third degree, and resisting arrest,upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that the court erred in charging the jury that it might infer a"consciousness of guilt" from a threat that he made at a police station, soon after his arrest.However, any error in giving the charge was harmless, as there was overwhelming evidence ofthe defendant's guilt, and no significant probability that the error contributed to his convictions(see People v Crimmins, 36 NY2d 230, 241-242 [1975]; cf. People v Heman, 198AD2d 434, 435 [1993]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 85-86[1982]). Rivera, J.P., Covello, Angiolillo and Dickerson, JJ., concur.