People v. Fisher

Appellate Division of the Supreme Court of New York

People v. Fisher

147 A.D.2d 948, 537 N.Y.S.2d 409, 1989 N.Y. App. Div. LEXIS 1319

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

DecidedFebruary 3, 1989

StatusPublished

This text of 147 A.D.2d 948 (People v. Fisher) 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. Fisher, 147 A.D.2d 948, 537 N.Y.S.2d 409, 1989 N.Y. App. Div. LEXIS 1319 (N.Y. Ct. App. 1989).

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Opinion

— Judgment unanimously affirmed. Memorandum: The court erred by failing to sustain defense counsel’s objection to a comment by the prosecutor on summation which implied that defendant had the burden of proving that the liquor bottles found in his motel room were not taken from Pal Joey’s Bar in Batavia (see, People v Gonzalez, 97 AD2d 423). However, since the proof of guilt was overwhelming and there is no reasonable possibility that the error contributed to the conviction, the error was harmless (see, People v Crimmins, 36 NY2d 230).

We have reviewed defendant’s remaining claims and find them to be either without merit or not properly preserved for appellate review (CPL 470.05 [2]). (Appeal from judgment of Genesee County Court, Morton, J. — burglary, third degree.) Present — Callahan, J. P., Doerr, Pine, Balio and Davis, JJ.

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— Judgment unanimously affirmed. Memorandum: The court erred by failing to sustain defense counsel’s objection to a comment by the prosecutor on summation which implied that defendant had the burden of proving that the liquor bottles found in his motel room were not taken from Pal Joey’s Bar in Batavia (see, People v Gonzalez, 97 AD2d 423). However, since the proof of guilt was overwhelming and there is no reasonable possibility that the error contributed to the conviction, the error was harmless (see, People v Crimmins, 36 NY2d 230).

We have reviewed defendant’s remaining claims and find them to be either without merit or not properly preserved for appellate review (CPL 470.05 [2]). (Appeal from judgment of Genesee County Court, Morton, J. — burglary, third degree.) Present — Callahan, J. P., Doerr, Pine, Balio and Davis, JJ.

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Bluebook (online)

147 A.D.2d 948, 537 N.Y.S.2d 409, 1989 N.Y. App. Div. LEXIS 1319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fisher-nyappdiv-1989.

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