People v Abdur-Rahman |
2010 NY Slip Op 00695 [69 AD3d 951] |
January 26, 2010 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York, Respondent, v Faruq Abdur-Rahman, Appellant. |
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Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, and Dominick Barbieri of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chun, J.), rendered May 17, 2007, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
As the People correctly concede, the Supreme Court improperly admitted into evidence a photograph of the victim taken when he was alive, since this evidence was not relevant to any material fact to be proved at trial (see People v Stevens, 76 NY2d 833, 835 [1990]; People v Mills, 48 AD3d 703 [2008]; People v Thompson, 34 AD3d 852, 854 [2006]; People v Rodriguez, 1 AD3d 386, 387 [2003]; People v Kershaw, 238 AD2d 523 [1997]). However, the error was harmless, as there was overwhelming evidence of the defendant's guilt (see People v Adamo, 309 AD2d 808 [2003]; People v Santiago, 255 AD2d 63 [1999]), and no significant probability that the error contributed to his convictions (see People v Mills, 48 AD3d 703 [2008]; People v Thompson, 34 AD3d 852 [2006]; People v Foss, 267 AD2d 505, 508 [1999]).
As the People also correctly concede, it was improper for the trial court to permit the People to impeach their own witness whose testimony did not tend to disprove a material issue of the case (see CPL 60.35; People v Fitzpatrick, 40 NY2d 44 [1976]). However, that error too was harmless, as there was overwhelming evidence of the defendant's guilt, and no significant probability that the error contributed to his convictions (see People v Murillo, 256 AD2d 423, 424 [1998]; People v Comer, 146 AD2d 794, 795 [1989]; People v Pellot, 186 AD2d 158, 158 [1992]). Santucci, J.P., Dickerson, Eng and Chambers, JJ., concur.