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People v. Pressley

689 N.E.2d 525, 91 N.Y.2d 825, 666 N.Y.S.2d 555, 1997 N.Y. LEXIS 3686
CourtNew York Court of Appeals
DecidedNovember 20, 1997
StatusPublished
Cited by22 cases

This text of 689 N.E.2d 525 (People v. Pressley) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Pressley, 689 N.E.2d 525, 91 N.Y.2d 825, 666 N.Y.S.2d 555, 1997 N.Y. LEXIS 3686 (N.Y. 1997).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

*827 Defendant appeals from an order of the Appellate Division which affirmed an order of County Court that denied defendant’s motion under CPL 440.10 to set aside his conviction of murder in the second degree (Penal Law § 125.25 [2]) and criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [2]).

The People concede that they failed to provide a record of judgment of conviction of a witness called by the People at trial (see, CPL 240.45 [1] Do]). In addition, the People concede that the witness in question testified untruthfully about his criminal record during his direct examination. Upon our review of the record, which demonstrated overwhelming evidence of defendant’s guilt, we conclude that there is no reasonable possibility that either error contributed to the jury’s verdict (see, People v Steadman, 82 NY2d 1, 9; People v Vilardi, 76 NY2d 67, 77).

Chief Judge Kaye and Judges Titone, Bellacosa, Smith, Levine, Ciparick and Wesley concur.

Order affirmed in a memorandum.

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Bluebook (online)
689 N.E.2d 525, 91 N.Y.2d 825, 666 N.Y.S.2d 555, 1997 N.Y. LEXIS 3686, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-pressley-ny-1997.