Opinion
March 6, 1990
Appeal from the Supreme Court, New York County (Murray Mogel, J.).
This case arises out of a robbery of a couple on the street by defendant and one other person who was not apprehended. Defendant argues that the trial court erred by admitting into evidence a copy of defendant's purported admission. The police officer who questioned defendant at the precinct wrote down the conversation in an interrogatory form on pieces of paper and transposed it into his memo book. The photocopies of these papers were introduced into evidence. It was error to allow a purported confession into evidence where it is hand-written by a law enforcement official, never signed or orally acknowledged by the defendant nor read to or by him (People v McCargo, 144 A.D.2d 496).
As pertinent here, although the statement may be used to refresh the recollection of the witness as to any admission made by defendant, it may not be admitted into evidence (People v Duffy, 23 A.D.2d 699). However, any error in admitting the photocopies was harmless in view of the overwhelming evidence of defendant's guilt, including the testimony of two eyewitnesses (People v Crimmins, 36 N.Y.2d 230, 242).
Concur — Kupferman, J.P., Asch, Kassal, Wallach and Rubin, JJ.