Opinion
March 30, 1995
Appeal from the Supreme Court, Bronx County (Irene Duffy, J.).
While much of the People's summation would have been better left unsaid, the summation generally remained within the broad bounds of permissible advocacy (People v. Galloway, 54 N.Y.2d 396, 399). In any event, any errors with respect to the summation were harmless beyond a reasonable doubt in view of the overwhelming evidence of guilt (People v. Crimmins, 36 N.Y.2d 230). The only issue was justification, but even defendant's own testimony failed to support that defense.
While defendant's request to play a tape recording for the benefit of the jury should have been granted, the error was harmless, because the contents and existence of the tape were undisputed and already known to the jury, because the tape related to a marginal issue, and because, as noted, the evidence of guilt was overwhelming.
We find defendant's remaining contentions to be without merit.
Concur — Rubin, J.P., Ross, Nardelli, Williams and Tom, JJ.