Opinion
1220
May 22, 2003.
Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered December 18, 2000, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of 15 years with 5 years post-release supervision, unanimously affirmed.
Rahul Kale, for respondent.
Andrew C. Fine, for defendant-appellant.
Before: Nardelli, J.P., Sullivan, Rosenberger, Wallach, Gonzalez, JJ.
Evidence of the victim's identification of a second perpetrator, who was not on trial, was not relevant to any material issue and defendant's request to exclude this evidence should have been granted (see People v. Rosario, 127 A.D.2d 209). However, the error was harmless (see People v. Johnson, 57 N.Y.2d 969).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.