Opinion
March 7, 1994
Appeal from the Supreme Court, Kings County (Miller, J.).
Ordered that the judgment is affirmed.
The victim was shot during a robbery of a delivery truck by two individuals. The defendant is correct that the trial court erred in not giving the defense counsel an opportunity to suggest responses to a note from the jury (see, People v. O'Rama, 78 N.Y.2d 270). However, we find that the court's response to the note was proper. In any event, any error was harmless since there was overwhelming evidence of the defendant's guilt in that there was an eyewitness to the crime, and a police officer testified that the defendant admitted his involvement in the robbery (see, People v. Beckham, 174 A.D.2d 748).
We have reviewed the defendant's remaining contention and find it does not require reversal. Miller, J.P., Copertino, Santucci and Goldstein, JJ., concur.