People v Burgos, 2011 NY Slip Op 01937 [82 AD3d 550]

March 17, 2011

Appellate Division, First Department

— [*1]

Steven Banks, The Legal Aid Society, New York (Jeffrey Dellheim of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Allen H. Saperstein of counsel), for respondent.

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.