Opinion
September 29, 1995
Appeal from the Erie County Court, D'Amico, J.
Present — Green, J.P., Pine, Wesley, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: The trial court erred in permitting the victim to testify that his home had been burglarized on two prior occasions. The error was harmless, however, because of the overwhelming evidence of defendant's guilt (see, People v Crimmins, 36 N.Y.2d 230, 242). Defendant's remaining contention has not been preserved for our review (see, CPL 470.05; People v DeRosa, 137 A.D.2d 612, lv denied 71 N.Y.2d 968), and we decline to address it as a matter of discretion in the interest of justice (see, CPL 470.15 [a]).