Opinion
Submitted June 9, 2000
October 2, 2000.
Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered September 29, 1998, convicting him of robbery in the first degree (two counts), burglary in the first degree, and robbery in the second degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress certain statements he made to law enforcement officials.
Steven A. Feldman, Roslyn, N.Y., for appellant, and appellant pro se.
Michael E. Bongiorno, District Attorney, New City, N.Y. (Ellen O'Hara Woods of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, LEO F. McGINITY, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The County Court properly denied that branch of the defendant's motion which was to suppress his inculpatory statements (see, CPL 710.60; People v. Lennon, 243 A.D.2d 495). The County Court also properly concluded that the search warrant was valid (see, People v. Parker, 256 A.D.2d 362), and that the police had probable cause to arrest the defendant in his home (see, People v. Cruz, 149 A.D.2d 151).
Contrary to the defendant's contention, the comments made by a prosecution witness during his trial testimony and by the prosecutor during summation were not prejudicial (see, People v. Sokolov, 233 A.D.2d 345; People v. Ortiz, 54 N.Y.2d 288). In any event, any alleged error by the County Court in failing to strike these comments must be deemed harmless in light of the overwhelming evidence of the defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.