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PEOPLE v. PEREZ (2021)

Court of Appeals of New York.2021-03-30No. No. 45 SSM 5

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Opinion

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.  Any error was harmless because, in the circumstances presented, the proof of defendants guilt was overwhelming, even after excising the disputed evidence.  Further, no reasonable possibility exists that admission of that evidence contributed to defendants conviction (see People v. Mairena, 34 N.Y.3d 473, 484–485, 121 N.Y.S.3d 731, 144 N.E.3d 340 [2019];  People v. Crimmins, 36 N.Y.2d 230, 237, 241–242, 367 N.Y.S.2d 213, 326 N.E.2d 787 [1975]).  Defendants arguments concerning the weight of the evidence and the harshness of his sentence are not reviewable, and his other assertions are unavailing.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur.