People v. Phillips

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Brennan, J.), rendered July 22, 2004, convicting him of sodomy in the first degree, sexual abuse in the first degree (three counts), and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We agree with the defendant that the Supreme Court should have instructed the jury to disregard certain testimony of the complainant’s grandmother as prejudicial and nonresponsive. However, because the evidence of the defendant’s guilt, without reference to the error,…