| People v Judd |
| 2012 NY Slip Op 04365 [96 AD3d 784] |
| June 6, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Charles Judd, Appellant. |
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Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, andTerrence F. Heller of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.),rendered July 19, 2010, convicting him of murder in the second degree (two counts) and robberyin the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the People's contention, the defendant preserved for appellate review hiscontention that the trial court should have redacted his videotaped confession so as to omitreferences to possible prior robberies (see CPL 470.05 [2]). Further, we agree with thedefendant that the trial court erred in refusing to redact those portions of the statement, as theydid not relate to a relevant and material issue in the case (see People v Cass, 18 NY3d 553, 559-560 [2012]; People vAlvino, 71 NY2d 233, 241-242 [1987]; People v Ventimiglia, 52 NY2d 350,359-360 [1981]; People v Molineux, 168 NY 264, 297-305 [1901]). However, the errorwas harmless because there was overwhelming evidence of the defendant's guilt, and nosignificant probability that the error contributed to his convictions (see People v Arafet, 13 NY3d 460,467 [2009]; People v Crimmins, 36 NY2d 230, 250 [1975]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
The defendant's remaining contention is without merit. Skelos, J.P., Leventhal, Belen andRoman, JJ., concur.