People v. McElveen

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Berkowitz, J.), rendered March 18, 1987, convicting him of manslaughter in the first degree, attempted manslaughter in the first degree, assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We agree with the defendant’s contention that the prosecutor improperly elicited from Detective DeRosalia, over defense counsel’s objection, an out-of-court statement made to the detective by a witness who did not…