| People v Colon |
| 2013 NY Slip Op 00104 [102 AD3d 705] |
| January 9, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Nikko Colon, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and ThomasM. Ross of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County(Marrus, J.), rendered July 14, 2010, convicting him of manslaughter in the first degreeand criminal possession of a weapon in the second degree, upon a jury verdict, andimposing sentence.
Ordered that the judgment is affirmed.
The Supreme Court improperly admitted into evidence a photograph of the victimtaken when he was alive, since this evidence was not relevant to a material fact to beproved at trial (see People v Stevens, 76 NY2d 833 [1990]; People v Mills, 48 AD3d703 [2008]; People vThompson, 34 AD3d 852, 854 [2006]; People v Rodriguez, 1 AD3d 386 [2003]). However, theerror was harmless, as there was overwhelming evidence of the defendant's guilt, and nosignificant probability that the error contributed to his convictions (see People vCrimmins, 36 NY2d 230 [1975]; People v Jackson, 41 AD3d 1268, 1269 [2007]; Peoplev Dove, 233 AD2d 751, 754 [1996]). Moreover, the People's failure to preserve thisexhibit did not deprive the defendant of meaningful appellate review (see People vYavru-Sakuk, 98 NY2d 56, 60 [2002]; People v Jackson, 98 NY2d 555, 560[2002]; People v Jackson, 41 AD3d at 1269).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Angiolillo, J.P., Leventhal, Lott and Austin, JJ., concur.