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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAWRENCE GANNAWAY, Appellant.

Ordered that the judgment is affirmed.

The defendant's contentions concerning the admission of hearsay testimony (see, People v Love, 92 A.D.2d 551), alleged bolstering testimony and the prosecutor's summation are either unpreserved for appellate review (see, CPL 470.05) or constitute harmless error in view of the overwhelming proof of his guilt. There is no significant probability that the jury would have acquitted the defendant had the errors not occurred (see, People v Crimmins, 36 N.Y.2d 230). Similarly, the defendant did not object to the court's unrequested delivery of a charge regarding his failure to testify pursuant to CPL 300.10 (2), and any error with respect thereto was harmless (see, People v Lawton, 144 A.D.2d 584). Kunzeman, J.P., Kooper, Eiber and O'Brien, JJ., concur.

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PEOPLE v. GANNAWAY
(Feb 11, 1991)