Opinion
December 22, 1995
Appeal from the Supreme Court, Monroe County, Siracuse, J.
Present — Denman, P.J., Green, Fallon, Doerr and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Supreme Court erred in limiting defendant's cross-examination of the victim and another eyewitness with respect to their prior violent acts (see, People v Jones, 115 A.D.2d 302; People v Brinkworth, 112 A.D.2d 799, lv denied 66 N.Y.2d 614; People v Ayrhart [Joel], 101 A.D.2d 703). In light of the overwhelming evidence of guilt, however, we conclude that the error was harmless beyond a reasonable doubt (see, People v Allen, 67 A.D.2d 558, 560, affd 50 N.Y.2d 898). We reject the contention that the court's refusal to mark the school records of those witnesses as court exhibits deprived defendant of effective appellate review (cf., People v Harrison, 85 N.Y.2d 794). The record supports the suppression court's determination that the identification of defendant's photograph was not the result of any suggestive conduct by the police (see, People v Brooks, 139 A.D.2d 657, 658).