Opinion
November 10, 1987
Appeal from the Supreme Court, Monroe County, Mark, J.
Present — Doerr, J.P., Denman, Boomer, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that it was error to permit the prosecutor to read a page of witness Mortuiccio's Grand Jury testimony on redirect since only one question and answer had been used on cross-examination by the defense for the limited purpose of refreshing the witness's recollection. While it was improper bolstering because there was no reason to rehabilitate the witness on this issue (see, People v. Torre, 42 N.Y.2d 1036; People v. Ramos, 119 A.D.2d 455, 456-457, affd 70 N.Y.2d 639), the error was harmless. The portion of the witness's Grand Jury testimony read on redirect was not relevant on the issue of defendant's guilt. The evidence of defendant's guilt was overwhelming (see, People v. Fearon, 58 A.D.2d 1041). We have reviewed defendant's remaining contention and find it to be without merit.