Opinion
April 5, 1993
Appeal from the Supreme Court, Kings County (Douglass, J.).
Ordered that the judgment is affirmed.
During the trial, the court permitted the People to introduce the defendant's arrest photograph into evidence for the purpose of corroborating the complainant's testimony that she did not immediately report the crime because she was afraid of the defendant. This was error. The People never established that the complainant's fear was due to the defendant's appearance or that the photograph, taken 19 days later, depicted the defendant's appearance at the time of the crime. Nor was the photograph relevant to any other issue at trial (see, People v Pobliner, 32 N.Y.2d 356, cert denied 416 U.S. 905). However, in light of the overwhelming evidence of the defendant's guilt, the error was harmless (see, People v Crimmins, 36 N.Y.2d 230).
Contrary to the defendant's further contention, we find no basis to disturb the sentence imposed. Miller, J.P., Ritter, Copertino and Pizzuto, JJ., concur.