The People, etc., respondent, v. Henry Phem, appellant. (2010)

Submitted-April 16, 2010

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.), rendered December 5, 2006, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and unlawful possession of marijuana, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Although there was no relevant purpose in admitting the defendant's arrest photographs into evidence (see People v. Pobliner, 32 N.Y.2d 356, cert denied 416 U.S. 905;  People v. Martin, 54 AD3d 776;  People v. Diaz, 277 A.D.2d 325;  People v. Rivera, 192 A.D.2d 561, 562;  cf.  People v. Logan, 25 N.Y.2d 184, 195-196, cert. denied 396 U.S. 1020), under the circumstances of this case, the error was harmless, as there was overwhelming evidence of the defendant's guilt, and no significant probability that the defendant would have been acquitted if not for the error in admitting the photographs (see People v. Crimmins, 36 N.Y.2d 230, 241-242;  People v. Rivera, 192 A.D.2d at 596;  People v. Gerbino, 132 A.D.2d 566).

MASTRO, J.P., COVELLO, ENG and BELEN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court