Opinion
February 5, 1993
Appeal from the of Erie County Court, D'Amico, J.
Present — Callahan, J.P., Green, Lawton, Boehm and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: County Court's failure to strike the testimony of the police officer concerning seizure of a handgun did not deprive defendant of a fair trial. Although the complainant did testify about being held at gunpoint by defendant and James Garner, defendant was not charged with possession of a handgun. In any event, in view of the overwhelming evidence of guilt, the error, if any, was harmless (see, People v Crimmins, 36 N.Y.2d 230). We also conclude that, although testimony by several police officers constituted improper bolstering of complainant's testimony, that error was harmless in light of the overwhelming evidence of guilt (see, People v Johnson, 57 N.Y.2d 969; People v Marks, 182 A.D.2d 1122; People v Williams, 154 A.D.2d 935, lv denied 75 N.Y.2d 778).
The other issues raised by defendant either have not been preserved or are without merit (see, People v Garner, 190 A.D.2d 994 [decided herewith]; see also, People v Garner, 190 A.D.2d 1041 [decided herewith]).