Opinion
May 4, 1987
Appeal from the Supreme Court, Kings County (Schneier, J.).
Ordered that the judgment is affirmed.
While the trial court erred in excluding, as hearsay, certain testimony offered to circumstantially prove the defendant's mental state at the time of this incident (see, People v. Ricco, 56 N.Y.2d 320, 328; People v. Etheridge, 71 A.D.2d 861; People v Goodman, 59 A.D.2d 896), the error was harmless since the proof of the defendant's guilt was overwhelming and there is no significant probability that the admission of this evidence would have resulted in a more favorable verdict for the defendant (see, People v. Crimmins, 36 N.Y.2d 230, 242; People v. Rivera, 101 A.D.2d 981, 982, affd 65 N.Y.2d 661). All but one of the defendant's claims of misconduct by the prosecutor during his summation were not preserved for appellate review (see, People v Dordal, 55 N.Y.2d 954, 956, rearg dismissed 61 N.Y.2d 759; People v. George, 108 A.D.2d 870, 871). In any event, the statements made by the prosecutor during his summation were not substantially prejudicial to the defendant's case, especially when considered in light of the defense counsel's prior summation (see, People v. Quinones, 119 A.D.2d 501). Thompson, J.P., Lawrence, Weinstein and Rubin, JJ., concur.