Opinion
Argued February 10, 1978
Decided March 23, 1978
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, JOHN J.J. JONES, J.
Anna M. Perry, John F. Middlemiss, Jr., and Leon J. Kesner for appellant.
Patrick Henry, District Attorney (Daniel J. Murphy of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
While the trial court erred in allowing the officer to testify as to the former codefendant's extrajudicial statements, which inculpated defendant, the error was harmless beyond a reasonable doubt in view of the overwhelming proof of guilt. (People v Crimmins, 36 N.Y.2d 230.) As to the trial court's denial of defendant's pretrial motion to preclude cross-examination regarding recent convictions for robbery and possession of stolen property, it cannot be said that the court abused its discretion. (People v Schwartzman, 24 N.Y.2d 241.)
Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.
Order affirmed in a memorandum.