Opinion
Argued May 1, 1986
Decided May 29, 1986
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, Peggy Bernheim, J.
Lisabeth Harrison and Philip L. Weinstein for appellant.
Robert M. Morgenthau, District Attorney (Rona Feinberg and Joyce P. Adolfsen of counsel), for respondent.
Order affirmed. We agree with the Appellate Division that the admission into evidence of the knife case, if error, was nonetheless harmless inasmuch as the jury heard the knife case described in testimony to which defendant did not object. Moreover, the evidence that defendant intentionally killed the victim, including the testimony of an eyewitness and defendant's own admission, was overwhelming.
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and HANCOCK, JR. Taking no part: Judge TITONE.