Opinion
April 15, 1994
Appeal from the Herkimer County Court, Bergin, J.
Present — Pine, J.P., Balio, Lawton, Davis and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: County Court did not err in admitting in evidence the electrical cord, the nylon stocking and the pillow (see, People v Julian, 41 N.Y.2d 340, 342; People v Connelly, 35 N.Y.2d 171, 174). In any event, in light of the overwhelming proof of defendant's guilt, the admission of that evidence is harmless (see, People v Crimmins, 36 N.Y.2d 230, 242). Defendant was not denied due process of law by the delay in the assignment of appellate counsel to prosecute the appeal because he failed to demonstrate prejudice as a result of that delay (see, People v Cousart, 58 N.Y.2d 62; People v Barber, 154 A.D.2d 882, lv denied 75 N.Y.2d 810, 917; People v Pratt, 149 A.D.2d 956). Lastly, we are satisfied that the sentencing court considered all appropriate factors in imposing sentence and we find no basis on the record to substitute our discretion for that of the sentencing court (see, People v Farrar, 52 N.Y.2d 302).