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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OMAR NIEVES, Appellant.

Ordered that the judgment is affirmed.

The defendant's claim that he was denied a fair trial when the court permitted the prosecutor to introduce evidence of the defendant's prior bad act is preserved for appellate review ( see CPL 470.05). However, any error in admitting the evidence was harmless because the evidence of the defendant's guilt was overwhelming and there is no significant probability that, had it not been for the alleged error, the jury would have acquitted the defendant ( see People v Jackson, 8 NY3d 869, 871; People v Crimmins, 36 NY2d 230).

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PEOPLE v. NIEVES
(May 27, 2008)