PEOPLE v. THOMAS

Judgment unanimously affirmed. Memorandum: The trial court erred in permitting the People to cross-examine defendant regarding his uncharged use of cocaine without conducting a Ventimiglia hearing (see, People v. Ventimiglia, 52 N.Y.2d 350; People v. Holloway, 185 A.D.2d 646, 647, lv denied 80 N.Y.2d 1027). In light of the overwhelming proof of defendant's guilt, however, that error was harmless (see, People v. Myers, 185 A.D.2d 695; People v. Holloway, supra).

Finally, defendant's sentence is not harsh or excessive.