People v. Jenkins

305 A.D.2d 287, 758 N.Y.S.2d 810, 2003 N.Y. App. Div. LEXIS 5836

Opinion

Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered December 18, 2000, convicting defendant, after a jury trial, of robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of 15 years with 5 years postrelease supervision, unanimously affirmed.

Evidence of the victim’s identification of a second perpetrator, who was not on trial, was not relevant to any material issue and defendant’s request to exclude this evidence should have been granted (see People v Rosario, 127 AD2d 209 [1987]). However, the error was harmless (see People v Johnson, 57 NY2d 969 [1982]). Concur — Nardelli, J.P., Sullivan, Rosenberger, Wallach and Gonzalez, JJ.