Opinion
November 14, 1988
Appeal from the Supreme Court, Queens County (Dunkin, J.).
Ordered that the judgment is affirmed.
The record of the Huntley hearing contains ample evidence to support the hearing court's determination that the defendant knowingly and voluntarily waived his Miranda rights. Therefore, the court's denial of the defendant's motion to suppress will not be disturbed (see, People v. Prochilo, 41 N.Y.2d 759).
The defendant and his codefendants, Darrin Henry and Lionel Eady, were tried jointly. Henry did not testify at the trial and the admission into evidence of his confession, which incriminated the defendant, constituted a violation of the defendant's right to confrontation (see, Cruz v. New York, 481 U.S. 186). However, because the evidence of the defendant's guilt, which included, inter alia, the defendant's confession and the trial testimony of the codefendant Lionel Eady, was overwhelming, we find that there is no reasonable possibility that the jury would have acquitted the defendant of either charge if Henry's confession had not been admitted into evidence. Therefore, the error was harmless beyond a reasonable doubt (see, People v. Crimmins, 36 N.Y.2d 230; People v. Henry, 134 A.D.2d 370, lv denied 71 N.Y.2d 897).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
We have considered the defendant's remaining contentions and find that they are without merit. Kunzeman, J.P., Weinstein, Eiber and Spatt, JJ., concur.