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People v. Colon

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 1995
219 A.D.2d 874 (N.Y. App. Div. 1995)

Opinion

September 29, 1995

Appeal from the Erie County Court, D'Amico, J.

Present — Green, J.P., Pine, Wesley, Balio and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: The trial court erred in permitting the victim to testify that his home had been burglarized on two prior occasions. The error was harmless, however, because of the overwhelming evidence of defendant's guilt (see, People v Crimmins, 36 N.Y.2d 230, 242). Defendant's remaining contention has not been preserved for our review (see, CPL 470.05; People v DeRosa, 137 A.D.2d 612, lv denied 71 N.Y.2d 968), and we decline to address it as a matter of discretion in the interest of justice (see, CPL 470.15 [a]).


Summaries of

People v. Colon

Appellate Division of the Supreme Court of New York, Fourth Department
Sep 29, 1995
219 A.D.2d 874 (N.Y. App. Div. 1995)
Case details for

People v. Colon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR COLON, Also…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Sep 29, 1995

Citations

219 A.D.2d 874 (N.Y. App. Div. 1995)
632 N.Y.S.2d 1001