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THE PEOPLE, ETC., respondent, v. JULIO SMITH, appellant.

ORDERED that the judgment is affirmed.

The defendant correctly contends that a detective's testimony regarding the characteristic behavior of pedophiles was improperly admitted into evidence. Pursuant to an objection by the defendant, the trial court refused to qualify the detective as an expert in the field of pedophilia. However, the error was harmless in light of the overwhelming evidence of the defendant's guilt and the likelihood that the court would have convicted the defendant even if it had excluded this testimony (see, People v. Crimmins, 36 N.Y.2d 230; People v. Garcia, 205 A.D.2d 554).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

S. MILLER, J.P., LUCIANO, SCHMIDT and CRANE, JJ., concur.

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PEOPLE v. SMITH
(Feb 25, 2002)