Opinion
June 18, 1990
Appeal from the Supreme Court, Kings County (Miller, J.).
Ordered that the judgment is affirmed.
We agree with the defendant that the trial court should not have engaged in an ex parte communication with the prosecutor concerning the admissibility of certain evidence relevant to the case (see, People v. Paul, 140 A.D.2d 884; People v. Rutkowsky, 69 A.D.2d 869). However, our review of the record discloses no prejudice to the defendant and the fairness of the trial was clearly not affected. The trial court did not arrive at a decision as to the admissibility of the evidence with respect to which the prosecutor sought an advance ruling until the matter had been aired in court and the defense counsels had been given an opportunity to present their arguments. Accordingly, reversal is not warranted.
We have considered the defendant's remaining contentions and conclude that they do not warrant reversal. Bracken, J.P., Lawrence, Eiber and Rosenblatt, JJ., concur.