People v. Perez
| Decision Date | 12 July 1991 |
| Citation | 175 A.D.2d 614,572 N.Y.S.2d 550 |
| Parties | PEOPLE of the State of New York, Respondent, v. Julio PEREZ, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Edward J. Nowak by Stephen Brent, Rochester, for appellant.
Howard R. Relin by Alan Cruikshank, Rochester, for respondent.
Before CALLAHAN, J.P., and DOERR, DENMAN, GREEN and LOWERY, JJ.
The trial court erred in admitting the statements of coconspirator Benitez because the People failed to establish that Benitez was unavailable at the time of trial (see, People v. Ayala, 75 N.Y.2d 422, 432, 554 N.Y.S.2d 412, 553 N.E.2d 960; People v. Sanders, 56 N.Y.2d 51, 62-64, 451 N.Y.S.2d 30, 436 N.E.2d 480, rearg denied 57 N.Y.2d 674, 454 N.Y.S.2d 1032, 439 N.E.2d 1247; People v. Warren, 156 A.D.2d 972, 973, 549 N.Y.S.2d 263, lv. denied 75 N.Y.2d 925, 555 N.Y.S.2d 44, 554 N.E.2d 81; People v. Comfort, 151 A.D.2d 1019, 1020, 542 N.Y.S.2d 84, lv. denied 74 N.Y.2d 807, 546 N.Y.S.2d 565, 545 N.E.2d 879; cf., United States v. Inadi, 475 U.S. 387, 106 S.Ct. 1121, 89 L.Ed.2d 390). The error is harmless, however, because the testimony of the undercover police officers provided overwhelming evidence of defendant's guilt and there is no reasonable possibility that the jury verdict would have been different but for the error (see, People v. Persico, 157 A.D.2d 339, 349-350, 556 N.Y.S.2d 262, lv. denied 76 N.Y.2d 895, 561 N.Y.S.2d 558, 562 N.E.2d 883). The proof established that defendant introduced himself as Benitez's partner, gave orders during the drug sale transaction and grabbed the cocaine and ran upstairs at the time of the raid. We conclude that the evidence was legally sufficient to support the verdict and that the verdict was not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672; People v. Mullen, 152 A.D.2d ...
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People v. Cook
...rooted" as "longstanding judicial and legislative experience" (497 U.S. 805, at 816-817, 110 S.Ct. 3139, at 3147). In People v. Perez, 175 A.D.2d 614, 572 N.Y.S.2d 550, the Appellate Division, Fourth Department, seemingly adopted Persico. Five months after the Perez decision, in White v. Il......
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...River. In light of the overwhelming proof of defendant's guilt, the admission of DeWitt's statement was harmless (see, People v. Perez, 175 A.D.2d 614, 572 N.Y.S.2d 550, lv. denied 78 N.Y.2d 1014, 575 N.Y.S.2d 822, 581 N.E.2d Defendant's second contention is that the trial court erred by in......
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People v. Porter
...56 N.Y.2d 51, 62-64, 451 N.Y.S.2d 30, 436 N.E.2d 480, rearg. denied 57 N.Y.2d 674, 454 N.Y.S.2d 1032, 439 N.E.2d 1247; People v. Perez, 175 A.D.2d 614, 572 N.Y.S.2d 550; People v. Warren, 156 A.D.2d 972, 973, 549 N.Y.S.2d 263, lv. denied 75 N.Y.2d 925, 555 N.Y.S.2d 44, 554 N.E.2d 81). We de......
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