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People v. Ortega

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


July 2, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
OLDALYS ORTEGA, DEFENDANT-APPELLANT.

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.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

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

Andrias, J.P., Sweeny, McGuire, Acosta, Richter, JJ.

51/08

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.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20090702

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