Opinion
May 10, 1994
Appeal from the Supreme Court, New York County (John Bradley, J.).
The complainant's testimony that he was afraid to identify defendant as an assailant because two masked gunmen had gone to his apartment was not unduly prejudicial since the court promptly instructed the jury that it was not to infer that defendant was involved in that incident (see, People v. Rivera, 160 A.D.2d 267, 271). Although the court erred in refusing defendant's request to instruct the jury that it could consider the complainant's delay in reporting the incident in assessing his credibility, such error was harmless in light of the overwhelming evidence of guilt (People v. Crimmins, 36 N.Y.2d 230, 241).
Concur — Murphy, P.J., Carro, Asch, Nardelli and Williams, JJ.