Opinion
Submitted November 4, 1999
December 6, 1999
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ferdinand, J.), rendered March 28, 1996, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Carol Santangelo of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Amy Appelbaum, and Carol Ann Maloney of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., WILLIAM C. THOMPSON, WILLIAM D. FRIEDMANN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The Supreme Court admitted into evidence, over objection, a photograph depicting the defendant holding two guns. The defendant contends that the photograph was inflammatory, nonprobative, and prejudicial, and that its admission into evidence constituted reversible error.
The Supreme Court erred in admitting the photograph into evidence (see, People v. Pobliner, 32 N.Y.2d 356, cert denied 416 U.S. 905). However, in view of the overwhelming evidence of the defendant's guilt, which included his videotaped confession, the error was harmless (see, People v. Crimmins, 36 N.Y.2d 230 ).
BRACKEN, J.P., THOMPSON, FRIEDMANN, and SMITH, JJ., concur.