Opinion
December 21, 1990
Appeal from the Supreme Court, Monroe County, Bergin, J.
Present — Dillon, P.J., Doerr, Green, Pine and Davis, JJ.
Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of robbery in the first degree and grand larceny in the third degree, defendant argues that the denial of his motion to record voir dire was reversible error. We disagree. Defendant has shown no prejudice resulting from denial of his motion (see, People v. Johnson, 140 A.D.2d 954, lv. denied 72 N.Y.2d 920). We further find that the court's charge on circumstantial evidence concerning footsteps in the snow does not require reversal. Evidence of defendant's footprint on a counter top, rather than in the snow, was elicited to link defendant to the crime charged.
We have examined defendant's remaining arguments on appeal and find them lacking in merit.