People v. Rivera

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered November 5, 1990, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that it was error to allow the prosecutor to call at trial a Grand Jury witness who had indicated that he would refuse to testify at trial. While it was error to allow the witness to be called, we find the error to be harmless.

"Absent a conscious and flagrant attempt by the prosecutor to build a case out of the inferences”…