Opinion
August 20, 1990
Appeal from the Supreme Court, Kings County (Lagana, J.).
Ordered that the judgment is affirmed.
We agree with the defendant's contention that the trial court erred in failing to inform him, prior to summations, that it would be considering the lesser included offense of manslaughter in the second degree in rendering its verdict (see, CPL 320.20; People v Brown, 121 A.D.2d 326; People v Garcia, 76 A.D.2d 867). However, upon our review of the record, we find this error to be harmless, as it cannot be said that defense counsel's summation would have been affected by the knowledge that the manslaughter in the second degree charge would be considered by the trier of fact (see, People v Miller, 70 N.Y.2d 903, 907; see also, People v Boyd, 150 A.D.2d 786; People v Montgomery, 116 A.D.2d 669).
We decline to disturb the sentence imposed (see, People v Suitte, 90 A.D.2d 80). Brown, J.P., Kooper, Sullivan and Harwood, JJ., concur.