People v. Messina

Appeal by the defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered December 20, 1990, convicting him of burglary in the first degree, assault in the first degree, and possession of burglar’s tools, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We find that the trial court properly excluded on hearsay grounds testimony by the defendant’s employer that the defendant would receive telephone calls at work from "Joan and his wife”. The witness admitted that the only basis he had for concluding that one of the callers was "Joan”…