People v. Herman

Appellate Division of the Supreme Court of New York

People v. Herman

192 A.D.2d 1110, 598 N.Y.S.2d 757, 1993 N.Y. App. Div. LEXIS 4131

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

DecidedApril 14, 1993

StatusPublished

This text of 192 A.D.2d 1110 (People v. Herman) 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. Herman, 192 A.D.2d 1110, 598 N.Y.S.2d 757, 1993 N.Y. App. Div. LEXIS 4131 (N.Y. Ct. App. 1993).

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Opinion

—Judgment unanimously affirmed. Memorandum: The trial court erred in admitting the receipt for the rifle into evidence absent the People’s establishment of an adequate foundation (see, CPLR 4518; People v Gower, 42 NY2d 117, 121). In light of the other evidence establishing ownership of the rifle (see, People v Pena, 50 NY2d 400, 409, rearg denied 51 NY2d 770, cert denied 449 US 1087) and the overwhelming evidence of defendant’s guilt, the error was harmless (see, People v Crimmins, 36 NY2d 230, 242). Defendant’s sentence is neither harsh nor excessive. (Appeal from Judgment of Erie County Court, Rogowski, J.— [1111]*1111Burglary, 2nd Degree.) Present — Denman, P. J., Green, Balio, Lawton and Davis, JJ.

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—Judgment unanimously affirmed. Memorandum: The trial court erred in admitting the receipt for the rifle into evidence absent the People’s establishment of an adequate foundation (see, CPLR 4518; People v Gower, 42 NY2d 117, 121). In light of the other evidence establishing ownership of the rifle (see, People v Pena, 50 NY2d 400, 409, rearg denied 51 NY2d 770, cert denied 449 US 1087) and the overwhelming evidence of defendant’s guilt, the error was harmless (see, People v Crimmins, 36 NY2d 230, 242). Defendant’s sentence is neither harsh nor excessive. (Appeal from Judgment of Erie County Court, Rogowski, J.— [1111]*1111Burglary, 2nd Degree.) Present — Denman, P. J., Green, Balio, Lawton and Davis, JJ.

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Bluebook (online)

192 A.D.2d 1110, 598 N.Y.S.2d 757, 1993 N.Y. App. Div. LEXIS 4131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-herman-nyappdiv-1993.

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