People v Ortega

People v Ortega 2009 NY Slip Op 05633 [64 AD3d 422] July 2, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 2, 2009

The People of the State of New York, Respondent,
v
Oldalys Ortega, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Jan Hoth of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Malancha Chanda of counsel), for respondent.

Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered May 19, 2008, convicting defendant, after a jury trial, of two counts of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to concurrent terms of 2 to 4 years, unanimously affirmed.

Regardless of whether the court should have made the redaction from the victim's hospital records that defendant requested, any error was harmless (see People v Crimmins, 36 NY2d 230 [1975]), since the prior consistent statement at issue added little or nothing to the People's case. Concur—Andrias, J.P., Sweeny, McGuire, Acosta and Richter, JJ.