PEOPLE v. WINSLOW

Ordered that the judgment is affirmed.

The People failed to give the defendant notice, pursuant to CPL 710.30, of the out-of-court identification of the defendant by one of the eyewitnesses to the crime. Thus, the trial court erred by permitting the eyewitness to identify the defendant in court and to testify about his out-of-court identification of the defendant (see, People v. Bernier, 73 N.Y.2d 1006; People v McMullin, 70 N.Y.2d 855; People v. Perez, 177 A.D.2d 657). However, given the overwhelming evidence of the defendant's guilt, the failure to preclude the eyewitness's identification testimony was harmless error (see, People v. Curtis, 203 A.D.2d 377; People v Jones, 182 A.D.2d 708; People v. Manson, 176 A.D.2d 294; People v Taylor, 155 A.D.2d 630; People v. Mole, 147 A.D.2d 714).

The sentence that was imposed is not excessive (see, People v Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05) or without merit. Rosenblatt, J.P., Lawrence, Altman and Hart, JJ., concur.