Opinion
February 1, 1993
Appeal from the Supreme Court, Kings County (Miller, J.).
Ordered that the judgment is affirmed.
At the trial the testimony established that the defendant pushed his way into the victim's apartment, refused to leave, and hit the victim with a chair and a beer bottle. As a result of the assault, the victim sustained injuries to her forehead and her arm which required stitches.
We agree with the defendant that the trial court erred in allowing testimony regarding his statement to the victim that "I'll kill you, too, bitch, like I killed Andrew" to the extent that the trial court permitted a reference to the defendant's admission that he "killed Andrew". That was an unrelated crime, not probative of the defendant's intent or motive to commit the charged offenses (see, People v Alvino, 71 N.Y.2d 233; People v Ventimiglia, 52 N.Y.2d 350). However, this error does not warrant reversal in light of the overwhelming evidence of the defendant's guilt, including the testimony of three eyewitnesses who knew the defendant prior to the incident (see, People v Crimmins, 36 N.Y.2d 230).
Moreover, the trial court properly refused to direct the prosecutor to produce the Assistant District Attorney's Grand Jury Synopsis Sheet. The synopsis sheet merely contained a summary of the events leading to the charges against the defendant and the information was not attributed to any of the prosecution witnesses. Therefore, the synopsis sheet was not Rosario material and the prosecutor was not required to give it to the defendant (see, People v Lebron, 184 A.D.2d 784; People v Miller, 183 A.D.2d 790; People v Williams, 165 A.D.2d 839, affd 78 N.Y.2d 1087).
We have reviewed the defendant's remaining contentions and find them to be unpreserved for appellate review or without merit. Rosenblatt, J.P., Lawrence, Pizzuto and Santucci, JJ., concur.