| People v Bohan |
| 2012 NY Slip Op 07684 [100 AD3d 767] |
| November 14, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Michael Bohan, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J.Caferri, and Laura T. Ross of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter,J.), rendered November 1, 2010, convicting him of murder in the second degree, upon a juryverdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court properly exercised its discretion indetermining that the challenged portions of his oral and written statements to the police hadprobative value. The subject statements showed not merely a propensity for criminal conduct, butconsciousness of guilt (see People vHolden, 82 AD3d 1007, 1007-1008 [2011]; People v Johnson, 61 AD3d 892, 893 [2009]; People vCurrus, 266 AD2d 468 [1999]).
The defendant correctly contends that the Supreme Court erred in admitting tape recordingsof 911 emergency calls into evidence under the present sense impression exception to the hearsayrule. However, the error in admitting the 911 tapes into evidence was harmless, as there wasoverwhelming evidence of the defendant's guilt and no significant probability that the jury wouldhave acquitted the defendant were it not for the error (see People v Kello, 96 NY2d 740,743-744 [2001]; People v Crimmins, 36 NY2d 230, 241-242 [1975]; People v Ortiz, 33 AD3d 1044,1045 [2006]).
The defendant's remaining contention is without merit. Dillon, J.P., Balkin, Leventhal andHall, JJ., concur.