Opinion
June 8, 2001.
(Appeal from Judgment of Niagara County Court, Fricano, J. — Criminal Possession Stolen Property, 3rd Degree.)
PRESENT: PIGOTT, JR., P.J., PINE, HURLBUTT, SCUDDER AND BURNS, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant contends that he was denied a fair trial because the prosecutor violated County Court's pretrial Ventimiglia ruling by referring to an uncharged crime during her opening statement and presenting testimony concerning it. Defendant failed to object to the prosecutor's reference to the uncharged crime during her opening statement and failed to object to most of the testimony concerning it ( see, People v. Carter, 263 A.D.2d 958, lv denied 94 N.Y.2d 820). In any event, any error is harmless. There is overwhelming evidence of defendant's guilt and no significant probability that the error contributed to the conviction ( see, People v. Schrader, 251 A.D.2d 1032, 1033, lv denied 92 N.Y.2d 882). The sentence is neither unduly harsh nor severe.