Opinion
March 23, 1998
Appeal from the Supreme Court, Kings County (Gary, J.).
Ordered that the judgments are affirmed.
We agree with the defendant that the prosecutor was improperly permitted, over objection, to elicit rebuttal testimony that the defendant was in the company of an alleged coperpetrator at the time of his arrest 12 days after the crime (see, People v. Harris, 57 N.Y.2d 335, cert. denied 460 U.S. 1047; People v. Ramos, 139 A.D.2d 775). However, the error was harmless in light of the overwhelming evidence of the defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230; People v. Mathure, 111 A.D.2d 876; People v. Alston, 158 A.D.2d 607).
Santucci, J. P., Joy, Friedmann and McGinity, JJ., concur.