Opinion
May 11, 1990
Appeal from the Supreme Court, Erie County, Marshall, J.
Present — Denman, J.P., Pine, Balio, Lawton and Lowery, JJ.
Judgment unanimously affirmed. Memorandum: It was proper for the prosecutor to fail to disclose the names of two suspects. Defendant failed to establish that their identity was potentially exculpatory (see, Brady v. Maryland, 373 U.S. 83, 87; People v Andre W., 44 N.Y.2d 179, 184; People v. LaBounty, 127 A.D.2d 989, lv denied 69 N.Y.2d 1005). Further, it was proper for the prosecutor to elicit testimony about defendant's fingerprints. Defendant's fingerprint card was not in evidence, nor was defendant's prior criminal history referred to in any way (cf., People v. Balone, 52 A.D.2d 216). Although it was improper for the prosecutor to elicit identification testimony, the error was harmless. There was overwhelming proof of defendant's guilt and no significant probability that the jury would have acquitted the defendant but for the error (see, People v. Crimmins, 36 N.Y.2d 230). The verdict was not contrary to the weight of evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495) and the sentence was not harsh and excessive (see, People v. Farrar, 52 N.Y.2d 302).