Opinion
February 13, 1996
Appeal from the Supreme Court, Queens County (Finnegan, J.).
Ordered that the judgment is affirmed.
Because the People failed to provide timely notice pursuant to CPL 710.30 of a statement made by the defendant while he was in custody, the court erred in permitting the People to use that statement as direct evidence at trial (see, People v. Chase, 85 N.Y.2d 493). However, in view of the overwhelming evidence of the defendant's guilt, this error was harmless (see, People v Crimmins, 36 N.Y.2d 230; People v. Bradshaw, 223 A.D.2d 651).
The defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit. Ritter, J.P., Thompson, Pizzuto and Hart, JJ., concur.