Opinion
No. 4556.
March 17, 2011.
Judgment, Supreme Court, Bronx County (Megan Tallmer, J.), rendered September 17, 2007, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3½ to 7 years, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (Jeffrey Dellheim of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Allen H. Saperstein of counsel), for respondent.
Before: Gonzalez, P.J., Tom, Acosta, Richter and Román, JJ.
Any error in declining defendant's request for a consciousness of guilt charge does not warrant reversal, since the court's charge as a whole gave the jury appropriate guidance and because any consciousness of guilt evidence was a minor component of the People's case in light of the overwhelming evidence of defendant's guilt ( see e.g. People v Valtin, 284 AD2d 203, lv denied 97 NY2d 643). There is no reasonable possibility that a consciousness of guilt charge would have resulted in a different verdict.