People v. Burgos

Defendant’s claim that he was prejudiced by certain testimony of an Assistant District Attorney, given on redirect, is unavailing, since the court sustained the defense objection to the challenged testimony and directed that it be stricken from the record (see, People v Howard, 207 AD2d 751, lv denied 84 NY2d 1012). In any event, we find that the witness was properly permitted to testify that he did not believe the confession of a third party, ultimately called as a defense witness at trial, who claimed that he, rather than defendant, did the shooting. Defense counsel opened the door to this…