Opinion
2013-01-9
Lynn W.L. Fahey, New York, N.Y. (A. Alexander Donn of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and *902Thomas M. Ross of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (A. Alexander Donn of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and *902Thomas M. Ross of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered July 14, 2010, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The Supreme Court improperly admitted into evidence a photograph of the victim taken when he was alive, since this evidence was not relevant to a material fact to be proved at trial ( see People v. Stevens, 76 N.Y.2d 833, 560 N.Y.S.2d 119, 559 N.E.2d 1278;People v. Mills, 48 A.D.3d 703, 850 N.Y.S.2d 907;People v. Thompson, 34 A.D.3d 852, 854, 824 N.Y.S.2d 682;People v. Rodriguez, 1 A.D.3d 386, 766 N.Y.S.2d 863). However, the error was harmless, as there was overwhelming evidence of the defendant's guilt, and no significant probability that the error contributed to his convictions ( see People v. Crimmins, 36 N.Y.2d 230, 367 N.Y.S.2d 213, 326 N.E.2d 787;People v. Jackson, 41 A.D.3d 1268, 1269, 839 N.Y.S.2d 377;People v. Dove, 233 A.D.2d 751, 754, 650 N.Y.S.2d 444). Moreover, the People's failure to preserve this exhibit did not deprive the defendant of meaningful appellate review ( see People v. Yavru–Sakuk, 98 N.Y.2d 56, 60, 745 N.Y.S.2d 787, 772 N.E.2d 1145;People v. Jackson, 98 N.Y.2d 555, 560, 750 N.Y.S.2d 561, 780 N.E.2d 162;People v. Jackson, 41 A.D.3d at 1269, 839 N.Y.S.2d 377).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).