| People v DiFiore |
| 2007 NY Slip Op 10171 [46 AD3d 835] |
| December 18, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Salvatore DiFiore, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J.Caferri, and Sharon Y. Brodt of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Roman,J.), rendered May 17, 2000, convicting him of burglary in the second degree and grand larceny inthe fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, given the strong and positive identification testimony,any inferential bolstering which may have occurred was harmless, as there was overwhelmingevidence of the defendant's guilt, and no significant probability that the error contributed to hisconvictions (see People v Mobley, 56 NY2d 584, 585 [1982]; People vCrimmins, 36 NY2d 230, 241-242 [1975]; People v Sealy, 35 AD3d 510, 511 [2006]; People v Stanley185 AD2d 827, 828-829 [1992]; cf. People v Caserta, 19 NY2d 18, 21[1966]; People v Bacenet, 297 AD2d 817, 818 [2002]).
The trial court properly exercised its discretion in declining to sanction the People for the lostRosario material (see People v Rosario, 9 NY2d 286 [1961], cert denied368 US 866 [1961]) in the absence of bad faith on the part of the People or any prejudice to thedefendant (see People v Samuels, 289 AD2d 514 [2001]; cf. CPL 240.75;People v Martinez, 71 NY2d 937, 940 [1988]; People v Sorbello, 285 AD2d 88,90-93 [2001]). Miller, J.P., Crane, Dillon and Balkin, JJ., concur.