PEOPLE v. JOHNSON

Assuming, arguendo, that the court improperly permitted admission of a 911 tape containing prior consistent statements of a witness who testified at trial where there was no claim of recent fabrication (People v. Davis, 44 N.Y.2d 269, 277; see, People v. Nicholson, 168 A.D.2d 574, 575, lv denied 77 N.Y.2d 964), in light of the overwhelming proof of the defendant's guilt, the error was harmless (People v. Crimmins, 36 N.Y.2d 230).

Concur — Murphy, P.J., Rosenberger, Rubin, Ross and Tom, JJ.