While finding the lower courts erred, for different reasons, in not allowing a missing witness argument, the Court of Appeals ruled the error was harmless. Trial counsel was prevented from including in his closing argument that a police officer he ...

Tagged with: court of appeals harmless error

New York State Court of Appeals  Harmless Error Overwhelming Evidence — Inadmissible Statements People v. Byer No. 84 Memorandum Background: The defendant was convicted for murder after he stabbed his girlfriend’s female friend multiple times. It was alleged that he ...

Tagged with: harmless error New York State Court of Appeals

Appellate Division, Fourth Department Harmless Error Intoxication Instruction People v. Wolff KA 11-01297 Appealed from Ontario County Court Background: The defendant was convicted of first-degree criminal contempt and second-degree harassment. On appeal, he challenged the trial judge’s denial of two ...

Tagged with: Appellate Division Fourth Department harmless error

New York State Court of Appeals ‘Molineux’ — Harmless Error Expert Testimony — Arson People v. Rivers No. 211 Judge Jones Background: The defendant was charged with numerous offenses, including three counts of arson. The evidence produced at trial established ...

Tagged with: Arson expert testimony harmless error New York State Court of Appeals ‘Molineux’

New York State Court of Appeals Leg Shackles Harmless Error — Justification People v. Cruz No. 210 Memorandum Background: The defendant-appellant was arrested and charged with burglary in the second degree. The defendant had numerous prior felony convictions. Subsequently the ...

Tagged with: harmless error New York State Court of Appeals

New York State Court of Appeals Harmless Error Constitutional Violation – Leg Shackles People v. Clyde No. 209 Judge Pigott Background: A female employee of the Auburn Correctional facility was attacked by the defendant in an attempted rape. The defendant ...

Tagged with: harmless error New York State Court of Appeals

Appellate Division, Fourth Department Wade Hearing Harmless Error People v. Gilmer KA 07-01622 Appealed from Supreme Court, Erie County Background: The defendant was convicted after jury trial of first-degree robbery. He challenged the judge’s denial of an identification hearing. The ...

Tagged with: Appellate Division Fourth Department harmless error

New York State Court of Appeals Witness Testimony Harmless Error People v. Porco No. 162 Memorandum Background: The defendant claimed that his constitutional right to confront a witness was violated. Specifically, the defendant argued about the admission of testimony that ...

Tagged with: harmless error New York State Court of Appeals

New York State Court of Appeals Inculpatory Statements Overwhelming Evidence — Harmless Error People v. Robinson No. 159 Memorandum Background: The defendant’s vehicle was pulled over by a police officer. When the defendant had pulled over, he exited the vehicle ...

Tagged with: harmless error New York State Court of Appeals

Appellate Division, Fourth Department Cross-examination Harmless Error People v. Gross KA 06-00043 Appealed from Supreme Court, Monroe County Background: In an appeal after a jury convicted the defendant of murder and other crimes, the defendant contended the trial judge erred ...

Tagged with: Appellate Division Fourth Department harmless error