People v. Fondal
Opinion of the Court
— Appeal by the defendant from a judgment of the County Court, Nassau County (Orenstein, J.), rendered December 15, 1986, convicting him of grand larceny in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The trial court did not improvidently exercise its discretion in ruling that the jury should be permitted to view a videotape which purported to show the defendant and his accomplice in the act of shoplifting two suits from the Sears store located at the Green Acres Mall in Valley Stream. One of the two Sears’ employees who watched the defendant and his
Furthermore, in light of the testimony of the two Sears’ employees who observed the defendant’s conduct via a closed-circuit television, and in light of the corroborative testimony of the defendant’s accomplice, any error in connection with the admission of the videotape would have to be considered harmless (see, People v Crimmins, 36 NY2d 230). We note, in this regard, that any violation of the common-law "best evidence rule” which may be said to have occurred due to the admission into evidence of an accurate duplicate (in VHS format) of the videotape which was originally prepared by the Sears’ employee (in BETA format) should be viewed as one involving the "sheerest technicality” (People v Crimmins, supra, at 241) which was not at all prejudicial to the defendant and did not affect the fairness of his trial. Mangano, J. P., Bracken, Kunzeman and Harwood, JJ., concur.
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