People v. Moore

• Decision Date: 23 December 1988
• Citation: People v. Moore, 538 N.Y.S.2d 709, 145 A.D.2d 923 (N.Y. App. Div. 1988)
• Parties: PEOPLE of the State of New York, Respondent, v. Melvin MOORE, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 709

538 N.Y.S.2d 709

145 A.D.2d 923

PEOPLE of the State of New York, Respondent, v.Melvin MOORE, Appellant.

Supreme Court of New York, Appellate Division, Fourth Department.

December 23, 1988

Edward J. Nowak by Daniel De Laus, Rochester, for appellant.Howard R. Relin by Wendy Lehmann, Rochester, for respondent.

Judgment unanimously affirmed.Memorandum: Although the trial court erred in admitting portions of the complainant's hospital records containing her description of the crimes, we find the error harmless.Here, as in People v. Harper, 144 A.D.2d 946, 534 N.Y.S.2d 259andPeople v. Barnes, 144 A.D.2d 995, 534 N.Y.S.2d 280 there was overwhelming evidence of defendant's guilt to render the bolstering error harmless (see, People v. Johnson, 57 N.Y.2d 969, 970, 457 N.Y.S.2d 230, 443 N.E.2d 478;cf.People v. Jackson, 124 A.D.2d 975, 509 N.Y.S.2d 230, lv. denied69 N.Y.2d 746, 512 N.Y.S.2d 1051, 505 N.E.2d 249).(Appeal from Judgment of Supreme Court, Monroe County, Mark, J.--Rape, 1st degree and Burglary, 1st degree.)

CALLAHAN, J.P., and DENMAN, GREEN, PINE and BALIO, JJ., concur.