People v Ortega
2009 NY Slip Op 05633 [64 AD3d 422]
July 2, 2009
Appellate Division, First Department
As corrected through Wednesday, September 2, 2009


The People of the State of New York,Respondent,
v
Oldalys Ortega, Appellant.

[*1]Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), forappellant.

Robert M. Morgenthau, District Attorney, New York (Malancha Chanda of counsel), forrespondent.

Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered May 19,2008, convicting defendant, after a jury trial, of two counts of criminal possession of stolenproperty in the fourth degree, and sentencing him, as a second felony offender, to concurrentterms of 2 to 4 years, unanimously affirmed.

Regardless of whether the court should have made the redaction from the victim's hospitalrecords that defendant requested, any error was harmless (see People v Crimmins, 36NY2d 230 [1975]), since the prior consistent statement at issue added little or nothing to thePeople's case. Concur—Andrias, J.P., Sweeny, McGuire, Acosta and Richter, JJ.


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