Opinion
04-06-2016
The PEOPLE, etc., respondent, v. Tracy THOMAS, appellant.
Bruce R. Bekritsky, Mineola, N.Y., for appellant. Madeline Singas, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Donald Berk of counsel), for respondent.
Bruce R. Bekritsky, Mineola, N.Y., for appellant.
Madeline Singas, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Donald Berk of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Honorof, J.), rendered September 10, 2014, convicting him of robbery in the first degree (three counts) and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the People were required to provide him with notice of the identification testimony of a certain witness is without merit. Since there was no previous identification of the defendant by that witness, no such notice was required (see CPL 710.30 ; People v. Trammel, 84 N.Y.2d 584, 620 N.Y.S.2d 754, 644 N.E.2d 1310 ; People v. Williams, 58 A.D.3d 771, 771, 873 N.Y.S.2d 641 ; People v. Goodwine, 46 A.D.3d 702, 703, 848 N.Y.S.2d 243 ; People v. Soto, 22 A.D.3d 511, 803 N.Y.S.2d 88 ; People v. Romano, 282 A.D.2d 764, 765, 724 N.Y.S.2d 348 ).
As the People concede, the Supreme Court erred in allowing the prosecutor to inquire about a book of fiction written by the defendant six years before the subject crimes were committed (see People v. Cortez, 22 N.Y.3d 1061, 1069–1072, 981 N.Y.S.2d 651, 4 N.E.3d 952 ). However, the error was harmless, as there was overwhelming evidence of the defendant's guilt without reference to the error, and no substantial probability that the error might have contributed to his convictions (see People v. Crimmins, 36 N.Y.2d 230, 241–242, 367 N.Y.S.2d 213, 326 N.E.2d 787 ; People v. Cortez, 22 N.Y.3d at 1072, 981 N.Y.S.2d 651, 4 N.E.3d 952 ; People v. White, 136 A.D.3d 846, 24 N.Y.S.3d 749 ).
BALKIN, J.P., AUSTIN, SGROI and LaSALLE, JJ., concur.