The People of the State of New York, Ind. C/ Respondent, v. Christian Burgos, Defendant-Appellant. (2011)

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

The People of the State of New York, Ind. C/ Respondent, v. Christian Burgos, Defendant-Appellant.

4556 4750 0 05

Decided: March 17, 2011

Gonzalez, P.J., Tom, Acosta, Richter, Román, JJ.

Steven Banks, The Legal Aid Society, New York (Jeffrey Dellheim of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Allen H. Saperstein of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Megan Tallmer, J.), rendered September 17, 2007, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 31/212 to 7 years, unanimously affirmed.

Any error in declining defendant's request for a consciousness of guilt charge does not warrant reversal, since the court's charge as a whole gave the jury appropriate guidance and because any consciousness of guilt evidence was a minor component of the People's case in light of the overwhelming evidence of defendant's guilt (see e.g. People v. Valtin, 284 A.D.2d 203 [2001] lv denied 97 N.Y.2d 643 [2001] ). There is no reasonable possibility that a consciousness of guilt charge would have resulted in a different verdict.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

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