Opinion
March 16, 1990
Appeal from the Oneida County Court, Buckley, J.
Present — Dillon, P.J., Doerr, Lawton, Davis and Lowery, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that the trial court erred in admitting that portion of Deputy Ambridge's hospital records stating that his injuries occurred at work. Since that portion of the hospital record was not relevant to the diagnosis or treatment of the officer, its admission was error (see, People v Jackson, 124 A.D.2d 975, 976, lv denied 69 N.Y.2d 746). Nevertheless, we find the error harmless because the People's proof of defendant's guilt was overwhelming and there was no reasonable probability that, but for its admission, the jury would have acquitted defendant (see, People v Johnson, 57 N.Y.2d 969, 970; People v Crimmins, 36 N.Y.2d 230, 242). Any error with respect to the adequacy of the court's responses to jury questions is unpreserved for review and we decline to reach the issue in the interest of justice (see, CPL 470.15). We have considered defendant's remaining contentions and find them to be without merit.