Majority
p. 1029The People of the State of New York, Respondent, v James Thomas, Appellant. [617 NYS2d 107]
—Judgment unanimously affirmed. Memorandum: The trial court erred in permitting the People to cross-examine defendant regarding his uncharged use of cocaine without conducting a Ventimiglia hearing (see, People v Ventimiglia, 52 NY2d 350 ; People v Holloway, 185 AD2d 646 , 647, lv denied 80 NY2d 1027 ). In light of the overwhelming proof of defendant’s guilt, however, that error was harmless (see, People v Myers, 185 AD2d 695 ; People v Holloway, supra).
Finally, defendant’s sentence is not harsh or excessive. (Appeal from Judgment of Monroe County Court, Egan, J.— Burglary, 2nd Degree.) Present—Denman, P. J., Green, Fallon, Wesley and Doerr, JJ.
Cases cited
- People v. Ventimiglia 52 NY2d 350 p. 1029
- People v. Holloway 185 AD2d 646 at 647 p. 1029