Opinion
November 15, 1988
Appeal from the Monroe County Court, Celli, J.
Present — Callahan, J.P., Doerr, Green, Pine and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant complains that he was denied a fair trial when the victim's hospital record was received into evidence. The hospital record included a narrative of the assault given to the emergency room physician. Although this was improper bolstering (see, Williams v Alexander, 309 N.Y. 283, 287; People v. Harris, 132 A.D.2d 940, 941; People v. Jackson, 124 A.D.2d 975, lv denied 69 N.Y.2d 746), we conclude that the error in admitting the record was harmless. The evidence against defendant was overwhelming, and the narrative in the hospital record was merely cumulative of other properly admitted evidence (see, People v. Johnson, 57 N.Y.2d 969, 970); there is no significant probability that defendant would not have been convicted without the admission of that evidence (see, People v. Crimmins, 36 N.Y.2d 230).