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People v. Moore

145 A.D.2d 923 Court N.Y. App. Div. Decision date 1988-12-23 English

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p. 923
The People of the State of New York, Respondent, v Melvin Moore, Appellant.

— Judgment unanimously affirmed. Memorandum: Although the trial court erred in admitting

p. 924
portions of the complainant’s hospital records containing her description of the crimes, we find the error harmless. Here, as in People v Harper ( 144 AD2d 946 ), and People v Barnes ( 144 AD2d 995 ), there was overwhelming evidence of defendant’s guilt to render the bolstering error harmless (see, People v Johnson, 57 NY2d 969 , 970; cf., People v Jackson, 124 AD2d 975 , lv denied 69 NY2d 746 ). (Appeal from judgment of Supreme Court, Monroe County, Mark, J. — rape, first degree; burglary, first degree.) Present — Callahan, J. P., Denman, Green, Pine and Balio, JJ.

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