Opinion
June 29, 1987
Appeal from the Supreme Court, Queens County (Groh, J.).
Ordered that the judgment is affirmed.
Two eyewitnesses testified that they saw the defendant shoot the victim in the back. Spent shell casings, ejected from the defendant's gun, were recovered 10 to 15 feet from where the victim fell, and the defendant himself admitted shooting the victim. In view of this overwhelming evidence of guilt, the error, if any, in the prosecutor's summation must be considered harmless error (see, People v Crimmins, 36 N.Y. 230, 242). Mangano, J.P., Niehoff, Kooper and Spatt, JJ., concur.