Opinion
May 6, 1985
Appeal from the Supreme Court, Kings County (Spodek, J.).
Judgment affirmed.
Contrary to defendant's position, the trial court did not commit reversible error in admitting into evidence his videotaped confession to the murder of his wife, which was taken at the police precinct following his arrest. In the first instance, defendant's present challenge to the admissibility of the videotaped confession on the ground that it was tainted by his prior confession which the trial court suppressed, was not raised at the Huntley hearing ( People v. Huntley, 15 N.Y.2d 72) and thus has not been preserved for appellate review ( see, People v Martin, 50 N.Y.2d 1029). In any event, in view of the overwhelming evidence of guilt in the record, any alleged error is clearly harmless ( see, People v. Crimmins, 36 N.Y.2d 230). On this point, it is noted that defendant shot his wife twice in the head in front of two police officers and a third witness.
We have reviewed defendant's remaining contentions and find them to be without merit. Titone, J.P., Lazer, Thompson and Rubin, JJ., concur.