Opinion
October 6, 1989
Appeal from the Oswego County Court, Hurlbutt, J.
Present — Denman, J.P., Boomer, Balio, Lawton and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The failure of the prosecutor to inform defense counsel of the criminal record of a prosecution witness does not warrant reversal because the error was harmless (see, People v Miles, 115 A.D.2d 964, lv denied 67 N.Y.2d 763; People v Torres, 103 A.D.2d 972). The proof of defendant's guilt was overwhelming and there was no significant probability that the verdict would have been different if the jury had been made aware of the witness's prior conviction (see, People v Crimmins, 36 N.Y.2d 230).
The sentence of 25 years to life for this brutal murder is not harsh and excessive.