THE PEOPLE &C., RESPONDENT, v. ANTHONY D. PRESSLEY, APPELLANT. (APPEAL NO. 2)

91 N.Y.2d 825, 689 N.E.2d 525, 666 N.Y.S.2d 555 (1997).
November 20, 1997

4 No. 237

[97 NY Int. 0197]
Decided November 20, 1997

This opinion is uncorrected and subject to revision before publication in the New York Reports.

Esther Cohen Lee, for appellant.
Timothy P. Fitzgerald, for respondent.

MEMORANDUM:

The order of the Appellate Division should be affirmed. Defendant appeals from an order of the Appellate Division which affirmed an order of County Court that denied defendant's motion under CPL 440.10 to set aside his convictionof murder in the second degree (Penal Law 125.25[2]) and criminal possession of a weapon in the fourth degree (Penal Law 265.01[2]).

The People concede that they failed to provide a record of judgment of conviction of a witness called by the People at trial ( see, CPL 240.45[1][b]). In addition, the People concede that the witness in question testified untruthfully about his criminal record during his direct examination. Upon our review of the record, which demonstrated overwhelming evidence of defendant's guilt, we conclude that there is no reasonable possibility that either error contributed to the jury's verdict ( see, People v Steadman, 82 NY2d 1, 9; People v Villardi, 76 NY2d 67, 77).

* * * * * * * * * * * * * * * * *

Order affirmed, in a memorandum. Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.

Decided November 20, 1997

THE PEOPLE &C., RESPONDENT, v. ANTHONY D. PRESSLEY, APPELLANT. (APPEAL NO. 2)

91 N.Y.2d 825, 689 N.E.2d 525, 666 N.Y.S.2d 555 (1997). November 20, 1997

91 N.Y.2d 825, 689 N.E.2d 525, 666 N.Y.S.2d 555 (1997).
November 20, 1997