PEOPLE v. CASTILLO (2009)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Ignacio CASTILLO, Defendant-Appellant.

Decided: May 19, 2009

TOM, J.P., FRIEDMAN, CATTERSON, MOSKOWITZ, JJ.

Richard M. Greenberg, Office of the Appellate Defender, New York (Margaret E. Knight of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Justin J. Braun of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered August 2, 2007, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of 12 years, unanimously affirmed.

Any error in failing to redact from the victim's medical records matters not relevant to diagnosis and treatment was harmless in light of the overwhelming evidence establishing defendant's guilt (see People v. Kello, 96 N.Y.2d 740, 744, 723 N.Y.S.2d 111, 746 N.E.2d 166 [2001] ).

Defendant's claims that a detective's testimony concerning her investigation constituted improper bolstering and that the court improperly determined that a child was competent to be sworn as a witness are unpreserved and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits.

We perceive no basis for reducing the sentence.

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