| People v Phem |
| 2010 NY Slip Op 04420 [73 AD3d 1088] |
| May 18, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Henry Phem, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jodi L. Mandel ofcounsel; Rose L. Amandola on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman,J.), rendered December 5, 2006, convicting him of criminal sale of a controlled substance in thethird degree, criminal possession of a controlled substance in the third degree, and unlawfulpossession of marijuana, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Although there was no relevant purpose in admitting the defendant's arrest photographs intoevidence (see People v Pobliner, 32 NY2d 356 [1973], cert denied 416 US 905[1974]; People v Martin, 54 AD3d776 [2008]; People v Diaz, 277 AD2d 325 [2000]; People v Rivera, 192AD2d 561, 562 [1993]; cf. People v Logan, 25 NY2d 184, 195-196, [1969], certdenied 396 US 1020 [1970]), under the circumstances of this case, the error was harmless, asthere was overwhelming evidence of the defendant's guilt, and no significant probability that thedefendant would have been acquitted if not for the error in admitting the photographs (seePeople v Crimmins, 36 NY2d 230, 241-242 [1975]; People v Rivera, 192 AD2d at562; People v Gerbino, 132 AD2d 566 [1987]). Mastro, J.P., Covello, Eng and Belen,JJ., concur.