Opinion
March 17, 1995
Appeal from the Supreme Court, Monroe County, Bergin, J.
Present — Green, J.P., Wesley, Callahan, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's motion to suppress the identification testimony of the victim was properly denied. "Accidental or unarranged showups at the police station are not unnecessarily or impermissibly suggestive when they are unavoidable and not attributable to any misconduct on the part of the police or the prosecutor" (People v. Sims, 150 A.D.2d 402, 404, lv denied 74 N.Y.2d 747). The trial court responded meaningfully to the jury's inquiry regarding the definition of felony murder (see, People v. Weinberg, 83 N.Y.2d 262, 267; People v. Almodovar, 62 N.Y.2d 126, 131). There was no abuse of discretion in the Sandoval ruling permitting the prosecutor to cross-examine defendant regarding the underlying facts of his prior conviction of assault in the third degree (see, People v. Barger, 202 A.D.2d 755; People v. Samull, 181 A.D.2d 946, lv denied 79 N.Y.2d 1054), and the record fails to support defendant's contention that the prosecutor violated that ruling. The view by the jury of the crime scene was properly conducted (see, CPL 270.50), and there is no merit to the contention that defendant was denied his right to be present at that viewing (see, People v. Stanley, 212 A.D.2d 983). The trial court erred in precluding the testimony of proposed defense witnesses Mazzulo and Schaefer regarding the hostility or bias of prosecution witness Camacho (see, People v. Chin, 67 N.Y.2d 22, 28; People v. Green, 156 A.D.2d 465, lv denied 75 N.Y.2d 813). In light of the overwhelming proof of guilt, however, that error is harmless (see, People v. Crimmins, 36 N.Y.2d 230, 237).
We have reviewed defendant's remaining contentions, including those raised in the pro se supplemental brief, and conclude that none requires reversal.