Opinion
(1606) KA 99-01555
December 21, 2001.
(Appeal from Judgment of Supreme Court, Monroe County, Ark, J. — Manslaughter, 2nd Degree.)
PRESENT: GREEN, J.P., PINE, HURLBUTT, KEHOE AND GORSKI, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him following a jury trial of manslaughter in the second degree (Penal Law § 125.15). Supreme Court abused its discretion in admitting evidence defendant had planned to surgically remove his own testicles on the day of the homicide. Arguably, that evidence was marginally relevant to the state of mind of defendant and thus to the issue whether he acted recklessly ( see, People v. Leonardo, 89 A.D.2d 214, 218, affd 60 N.Y.2d 683). The danger of undue prejudice to defendant, however, "far outweighed the minimal legitimate advantage which would accrue to the prosecution from disclosure to the jury" of his plan to remove his testicles ( People v. Ward, 62 N.Y.2d 816, 818; see generally, People v. Scarola, 71 N.Y.2d 769, 777; People v. Davis, 43 N.Y.2d 17, 27, cert denied 435 U.S. 998, rearg dismissed 61 N.Y.2d 670). We conclude, however, that the error is harmless. The evidence of guilt is overwhelming and there is no significant probability that defendant would have been acquitted but for the error ( see, People v. Crimmins, 36 N.Y.2d 230, 241-242; People v. Santiago, 255 A.D.2d 63, 66, lv denied 94 N.Y.2d 829).