Opinion
November 30, 1998
Appeal from the Supreme Court, Queens County (Golia, J.).
Ordered that the judgment is affirmed.
Under the facts of this case, the trial court did not err in allowing into evidence the sworn tape-recorded statement of the defendant's brother as a past recollection recorded ( see, People v. Raja, 77 A.D.2d 322). Further, in light of the overwhelming proof of guilt, any error would have been, harmless beyond a reasonable doubt.
The sentence imposed was neither harsh nor excessive (see, People v. Suitte, 90 A.D.2d 80).
Rosenblatt, J. P., Miller, Altman and Friedmann, JJ., concur.