PEOPLE v. BOYD (2006)

 Defendant appeals from a judgment convicting him, upon a jury verdict, of criminal trespass in the first degree (Penal Law § 140.17[2] ), assault in the second degree (§ 120.05[2] ), criminal possession of a weapon in the third degree (§ 265.02[4] ) and reckless driving (Vehicle and Traffic Law § 1212).   We agree with defendant that County Court erred in admitting evidence that dynamite was found in the trunk of defendant's vehicle.   The potential for prejudice with respect to that evidence greatly outweighed any probative value (see generally People v. Alvino, 71 N.Y.2d 233, 241-242, 525 N.Y.S.2d 7, 519 N.E.2d 808).   We nevertheless conclude, however, that the error in the admission of the evidence is harmless (see People v. Crimmins, 36 N.Y.2d 230, 241-242, 367 N.Y.S.2d 213, 326 N.E.2d 787).   Defendant further contends that the court erred in denying his request at the commencement of the trial to withdraw his prior waiver of the right to a Huntley hearing.   We reject that contention (see People v. Ford, 249 A.D.2d 978, 672 N.Y.S.2d 199, lv. denied 92 N.Y.2d 924, 680 N.Y.S.2d 466, 703 N.E.2d 278).   Finally, the sentence is not unduly harsh or severe.

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM: