Opinion
January 23, 1987
Appeal from the Livingston County Court, Cicoria, J.
Present — Denman, J.P., Boomer, Pine, Balio and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that the trial court erred in admitting eight taped conversations. Seven of these conversations, though involving uncharged crimes, were properly admitted to establish defendant's intent knowingly to possess over two ounces of cocaine (see, People v. Molineux, 168 N.Y. 264, 293; see also, People v. Marino, 271 N.Y. 317, 323). We agree, however, with defendant that the eighth conversation, to which defendant was not a party, was improperly admitted as it was hearsay (see, Richardson, Evidence § 200 [Prince 10th ed]). The trial court also erred in admitting a taped conversation offered by the People on rebuttal for the purpose of impeaching the credibility of defendant's witness (People v. Calhoun, 120 A.D.2d 936; People v. Orse, 91 A.D.2d 1003, 1004). Nonetheless, the People's proof being overwhelming, these errors were harmless, as we find no significant probability that the jury would have acquitted defendant had this evidence not been admitted (People v. Crimmins, 36 N.Y.2d 230, 242). Defendant further contends that he was deprived of a fair trial by prosecutorial misconduct during summation. Having reviewed the prosecutor's conduct, we cannot say defendant was deprived of a fair trial (People v Roopchand, 107 A.D.2d 35, 36, affd 65 N.Y.2d 837).
We have considered defendant's remaining contentions and find them to be without merit.