Opinion
November 28, 1995
Appeal from the Supreme Court, Bronx County (William Wallace, III, J.).
Defendant argues that the court erred in admitting irrelevant evidence of the complainant's "religious conversion" and his work with a Christian ministry. We find, contrary to the People's argument, that this claim has been preserved, and we agree this testimony should have been stricken ( People v Mercado, 188 A.D.2d 941, 944; Richardson, Evidence § 387, at 367 [Prince 10th ed]). We nevertheless conclude that reversal is not warranted in light of the overwhelming evidence of defendant's guilt, which included police testimony which amply corroborated the complainant's testimony ( People v Blair, 173 A.D.2d 172, 173, lv denied 78 N.Y.2d 1009). Defendant failed to preserve his argument concerning the court's supplemental instructions, and we decline to review it in the interest of justice. Were we to review it, we would find it without merit. Reading the charge as a whole, the court conveyed the correct standard to the jury ( People v Coleman, 70 N.Y.2d 817).
Concur — Rosenberger, J.P., Rubin, Kupferman, Asch and Williams, JJ.