People v. Cirillo

Appellate Division of the Supreme Court of New York

People v. Cirillo

267 A.D.2d 244, 699 N.Y.S.2d 873, 1999 N.Y. App. Div. LEXIS 12597

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 6, 1999

StatusPublished

Cited by2 cases

This text of 267 A.D.2d 244 (People v. Cirillo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Cirillo, 267 A.D.2d 244, 699 N.Y.S.2d 873, 1999 N.Y. App. Div. LEXIS 12597 (N.Y. Ct. App. 1999).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ferdinand, J.), rendered March 28, 1996, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court admitted into evidence, over objection, a photograph depicting the defendant holding two guns. The de[245]*245fendant contends that the photograph was inflammatory, non-probative, and prejudicial, and that its admission into evidence constituted reversible error.

The Supreme Court erred in admitting the photograph into evidence (see, People v Pobliner, 32 NY2d 356, cert denied 416 US 905). However, in view of the overwhelming evidence of the defendant’s guilt, which included his videotaped confession, the error was harmless (see, People v Crimmins, 36 NY2d 230). Bracken, J. P., Thompson, Friedmann and Smith, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ferdinand, J.), rendered March 28, 1996, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The Supreme Court admitted into evidence, over objection, a photograph depicting the defendant holding two guns. The de[245]*245fendant contends that the photograph was inflammatory, non-probative, and prejudicial, and that its admission into evidence constituted reversible error.

The Supreme Court erred in admitting the photograph into evidence (see, People v Pobliner, 32 NY2d 356, cert denied 416 US 905). However, in view of the overwhelming evidence of the defendant’s guilt, which included his videotaped confession, the error was harmless (see, People v Crimmins, 36 NY2d 230). Bracken, J. P., Thompson, Friedmann and Smith, JJ., concur.

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267 A.D.2d 244, 699 N.Y.S.2d 873, 1999 N.Y. App. Div. LEXIS 12597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-cirillo-nyappdiv-1999.

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