Opinion
January 14, 1991
Appeal from the Supreme Court, Queens County (Posner, J.).
Ordered that the judgment is affirmed.
Evidence was adduced at the trial that the defendant struck a pedestrian with his automobile after proceeding at a high rate of speed through an intersection against a traffic signal. The defendant testified that he had been without sleep for a prolonged period of time and that he was aware that this condition could affect a person's ability to operate a vehicle. The contentions raised by the defendant on appeal do not warrant a reversal of his conviction, as the proof of his guilt was overwhelming, and there is no significant probability that the jury would have acquitted the defendant had it not been for the alleged errors (see, People v Johnson, 57 N.Y.2d 969; People v Crimmins, 36 N.Y.2d 230; People v Salcedo, 155 A.D.2d 699). Mangano, P.J., Eiber, O'Brien and Ritter, JJ., concur.