Opinion
Submitted May 14, 1999
June 28, 1999
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Minardo, J.), rendered January 8, 1997, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress evidence.
M. Sue Wycoff, New York, N.Y. (Pamela Peters of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Anne C. Feigus of counsel), for respondent.
FRED T. SANTUCCI, J.P., DANIEL F. LUCIANO, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
We agree that the defendant's nonverbal communication was elicited in violation of his right against self-incrimination ( see, People v. Rivera, 57 N.Y.2d 453). Nonetheless, in view of the overwhelming evidence of the defendant's guilt presented at trial ( see, People v. Crimmins, 36 N.Y.2d 230), the admission of evidence of that conduct at trial was harmless beyond a reasonable doubt.