Opinion
2001-1633 D CR.
Decided November 21, 2003.
Appeal by defendant from a judgment of the City Court of Poughkeepsie, Dutchess County (R. McGaw, J), rendered December 5, 2001, convicting him of patronizing a prostitute in the fourth degree (Penal Law § 230.03) and imposing sentence.
Judgment of conviction unanimously affirmed.
PRESENT: DOYLE, P.J., RUDOLPH and SKELOS, JJ.
Viewing the evidence presented in the light most favorable to the People ( see People v. Contes, 60 NY2d 620), we find that it was legally sufficient to establish defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilty was not against the weight of the evidence ( see CPL 470.15). Further, even if the court erred in failing to give the jury the limiting instructions sought regarding the videotape, the error, if any, would be deemed harmless in light of the overwhelming proof of guilt ( see People v. Crimmins, 36 NY2d 23). The other issues raised on appeal were considered and found to be without merit.