People v Castillo

2009 NY Slip Op 03951 [62 AD3d 540]

May 19, 2009

Appellate Division, First Department

As corrected through Wednesday, July 1, 2009

The People of the State of New York,Respondent, v Ignacio Castillo, Appellant.

—[*1]Richard M. Greenberg, Office of the Appellate Defender, New York (Margaret E.Knight of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Justin J. Braun of counsel), forrespondent.

Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered August 2, 2007,convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a termof 12 years, unanimously affirmed.

Any error in failing to redact from the victim's medical records matters not relevant todiagnosis and treatment was harmless in light of the overwhelming evidence establishingdefendant's guilt (see People v Kello, 96 NY2d 740, 744 [2001]).

Defendant's claims that a detective's testimony concerning her investigation constitutedimproper bolstering and that the court improperly determined that a child was competent to besworn as a witness are unpreserved and we decline to review them in the interest of justice. Asan alternative holding, we also reject them on the merits.

We perceive no basis for reducing the sentence. Concur—Tom, J.P., Friedman,Catterson and Moskowitz, JJ.