| People v Burgos |
| 2011 NY Slip Op 01937 [82 AD3d 550] |
| March 17, 2011 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Christian Burgos, Appellant. |
—[*1]
Judgment, Supreme Court, Bronx County (Megan Tallmer, J.), rendered September 17, 2007, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3½ to 7 years, unanimously affirmed.
Any error in declining defendant's request for a consciousness of guilt charge does not warrant reversal, since the court's charge as a whole gave the jury appropriate guidance and because any consciousness of guilt evidence was a minor component of the People's case in light of the overwhelming evidence of defendant's guilt (see e.g. People v Valtin, 284 AD2d 203 [2001], lv denied 97 NY2d 643 [2001]). There is no reasonable possibility that a consciousness of guilt charge would have resulted in a different verdict. Concur—Gonzalez, P.J., Tom, Acosta, Richter and RomÁn, JJ.