Opinion
March 4, 1991
Appeal from the Supreme Court, Kings County (Goldman, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the verdict was based upon evidence of an uncharged crime is without merit. The evidence at trial was extremely consistent and amply supported the defendant's conviction of the crimes charged in the indictment. Thus, any error in admitting the testimony of the uncharged crime must be deemed harmless in light of the overwhelming evidence of the defendant's guilt (see, People v Crimmins, 36 N.Y.2d 230). Moreover, it is clear from the record that there is no possibility that the Judge premised his determination of guilt on a theory not contained in the indictment (see, People v Udzinski, 146 A.D.2d 245, 261).
We have examined the defendant's remaining contentions and find them to be without merit (see, People v Patterson, 106 A.D.2d 520; People v Suitte, 90 A.D.2d 80). Bracken, J.P., Eiber, Balletta and Ritter, JJ., concur.