People v Arroyo
2009 NY Slip Op 01231 [59 AD3d 634]
February 17, 2009
Appellate Division, Second Department
As corrected through Wednesday, April 1, 2009


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

[*1]Lynn W.L. Fahey, New York, N.Y. (De Nice Powell of counsel), for appellant.

Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart andLauren-Brooke Eisen of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Collini,J.), rendered January 4, 2007, convicting him of attempted murder in the second degree, upon ajury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that the People's expert in surgery and trauma should not havebeen permitted to testify that, in his opinion, the complainant's injuries could not have beenself-inflicted is unpreserved for appellate review, as the defendant failed to object to thetestimony with specificity (see People vHawkins, 11 NY3d 484 [2008]; People v Robinson, 88 NY2d 1001, 1002[1996]; People v Clas, 54 AD3d770, 770 [2008]; People v Waugh, 189 AD2d 907, 908 [1993]). In any event, evenassuming that the Supreme Court improvidently exercised its discretion in admitting thetestimony (see People v Cronin, 60 NY2d 430, 432-433 [1983]; People vCiaccio, 47 NY2d 431, 439 [1979]; People v Langlois, 17 AD3d 772, 774 [2005]; People vPaschall, 91 AD2d 645, 645 [1982]), any error was harmless, as there was overwhelmingevidence of the defendant's guilt, and no significant probability that the error contributed to hisconviction (see People v Crimmins, 36 NY2d 230, 241-242 [1975]). Angiolillo, J.P.,Leventhal, Belen and Chambers, JJ., concur.


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