Opinion
August 31, 1987
Appeal from the Supreme Court, Kings County (Lagana, J.).
Ordered that the judgment is affirmed.
The defendant argues that the trial court committed reversible error by admitting into evidence, during the People's rebuttal, certain letters written by him to the complainant after the commission of the crime.
The record indicates that the trial court ruled that it would not admit the letters into evidence unless the defendant took the stand and placed in issue his state of mind at the time of the crime. The defendant did testify in his own behalf and stated that he accidentally stabbed the complainant. Since the letters contained various statements by the defendant indicating consciousness of guilt, they were properly admitted during the People's rebuttal to counter the defendant's testimony regarding an accidental stabbing (see, People v. Harris, 57 N.Y.2d 335, 345-346, cert denied 460 U.S. 1047; People v. McCann, 90 A.D.2d 554, 555).
We have reviewed the defendant's remaining argument and find it to be without merit. Mangano, J.P., Niehoff, Sullivan and Harwood, JJ., concur.