Opinion
June 1, 1987
Appeal from the County Court, Nassau County (Friedlander, J.).
Ordered that the judgment is affirmed.
The defendant contends that he was prejudiced by the prosecutor's inquiry during cross-examination into two of his previous convictions. Although the defendant's request in his omnibus motion for a Sandoval hearing (see, People v Sandoval, 34 N.Y.2d 371) was granted, the record does not contain a transcript of that hearing or the court's ultimate ruling on the motion. Even if we were to assume that the trial court's ruling was an abuse of its discretion, any error was harmless under the circumstances of this case (see, People v Perez, 36 N.Y.2d 848). There is no substantial probability that the jury would have acquitted the defendant even if the prosecutor had been precluded from questioning the defendant about his previous convictions (see, People v Crimmins, 36 N.Y.2d 230). Several witnesses testified that the defendant possessed a bankbook previously reported lost by its owner, Joseph Campagnuolo, that he attempted to withdraw funds from that account, and that he said his name was the name in the bankbook. In addition, the defendant took the stand despite the trial court's ruling (cf., People v Williams, 56 N.Y.2d 236).
The trial court did not err in denying the defendant's motion to suppress his statement to the arresting officer, to wit, "I'm the guy in the book". The statement was made after the officer arrived at the bank and asked him "if he was Ned or Ted", and was not the product of custodial interrogation (see, People v Huffman, 41 N.Y.2d 29). The defendant's remaining contention has been considered and found to be without merit. Thompson, J.P., Lawrence, Weinstein and Harwood, JJ., concur.