PEOPLE, ETC., res, v. NIKKO COLON, ap
PEOPLE, ETC., res, v. NIKKO COLON, ap — (IND. NO. 45/08)Lynn W. L. Fahey, New York, N.Y. (A. Alexander Donn of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Ross of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered July 14, 2010, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The Supreme Court improperly admitted into evidence a photograph of the victim taken when he was alive, since this evidence was not relevant to a material fact to be proved at trial (see People v. Stevens, 76 NY2d 833; People v. Mills, 48 AD3d 703; People v. Thompson, 34 AD3d 852, 854; People v. Rodriguez, 1 AD3d 386). However, the error was harmless, as there was overwhelming evidence of the defendant's guilt, and no significant probability that the error contributed to his convictions (see People v. Crimmins, 36 NY2d 230; People v. Jackson, 41 AD3d 1268, 1269; People v. Dove, 233 AD2d 751, 754). Moreover, the People's failure to preserve this exhibit did not deprive the defendant of meaningful appellate review (see People v. Yavru-Sakuk, 98 NY2d 56, 60; People v. Jackson, 98 NY2d 555, 560; People v. Jackson, 41 AD3d at 1269).
The sentence imposed was not excessive (see People v. Suitte, 90 AD2d 80).
ANGIOLILLO, J.P., LEVENTHAL, LOTT and AUSTIN, JJ., concur.