| People v Abdur-Rahman |
| 2010 NY Slip Op 00695 [69 AD3d 951] |
| January 26, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v FaruqAbdur-Rahman, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, andDominick Barbieri of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chun, J.),rendered May 17, 2007, convicting him of murder in the second degree, upon a jury verdict, andimposing sentence.
Ordered that the judgment is affirmed.
As the People correctly concede, the Supreme Court improperly admitted into evidence aphotograph of the victim taken when he was alive, since this evidence was not relevant to anymaterial fact to be proved at trial (see People v Stevens, 76 NY2d 833, 835 [1990];People v Mills, 48 AD3d 703 [2008]; People v Thompson, 34 AD3d 852, 854[2006]; People v Rodriguez, 1 AD3d 386, 387 [2003]; People v Kershaw, 238AD2d 523 [1997]). However, the error was harmless, as there was overwhelming evidence of thedefendant's guilt (see People v Adamo, 309 AD2d 808 [2003]; People vSantiago, 255 AD2d 63 [1999]), and no significant probability that the error contributed tohis convictions (see People v Mills, 48 AD3d 703 [2008]; People v Thompson,34 AD3d 852 [2006]; People v Foss, 267 AD2d 505, 508 [1999]).
As the People also correctly concede, it was improper for the trial court to permit the Peopleto impeach their own witness whose testimony did not tend to disprove a material issue of thecase (see CPL 60.35; People v Fitzpatrick, 40 NY2d 44 [1976]). However, thaterror too was harmless, as there was overwhelming evidence of the defendant's guilt, and nosignificant probability that the error contributed to his convictions (see People v Murillo,256 AD2d 423, 424 [1998]; People v Comer, 146 AD2d 794, 795 [1989]; People vPellot, 186 AD2d 158, 158 [1992]). Santucci, J.P., Dickerson, Eng and Chambers, JJ.,concur.