| People v Mills |
| 2008 NY Slip Op 01568 [48 AD3d 703] |
| February 19, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v AlanMills, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Phyllis Mintz ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.),rendered May 11, 2005, convicting him of manslaughter in the second degree and criminalpossession 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 takenwhen 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 [1990]; People v Thompson, 34 AD3d 852, 854 [2006]; People v Rodriguez, 1 AD3d 386[2003]; People v Kershaw, 238 AD2d 523 [1997]). However, any error was harmless, asthere was overwhelming evidence of the defendant's guilt, and no significant probability that theerror contributed to his convictions (see People v Crimmins, 36 NY2d 230 [1975]; People v Jackson, 41 AD3d 1268,1269 [2007]; People v Dove, 233 AD2d 751, 754 [1996]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).Ritter, J.P., Santucci, Covello and Carni, JJ., concur.