Defendant's primary argument on appeal is that his statement to law enforcement officers was inadmissible. However, the fact that at trial the prosecutor withdrew the notice of intent to offer the statement and, consequently, the statement was never introduced, renders any error harmless ( People v Crimmins, 36 N.Y.2d 230, 237). Defendant next argues that publicity in the local media rendered a fair trial in Chemung County impossible. The instant record, however, fails to support this contention (see People v. DiPiazza, 24 N.Y.2d 342). Finally, we find no merit to defendant's contention that his sentence for second degree murder is harsh and excessive. Judgment affirmed. Sweeney, J.P., Kane, Casey, Weiss and Levine, JJ., concur.