Opinion
2001-10662.
June 27, 2005.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lott, J.), rendered November 28, 2001, convicting him of murder in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel), for respondent.
Before: S. Miller, J.P., Krausman, Fisher and Lifson, JJ., concur.
Ordered that the judgment is affirmed.
To the extent that it was error not to admit into evidence a scratch note made by an Assistant District Attorney, the error was harmless in light of the overwhelming evidence of guilt, including testimony by a police officer who witnessed the crimes.
The sentence imposed was not excessive ( see People v. Suitte, 90 AD2d 80).