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People v. Herman

192 A.D.2d 1110 Court N.Y. App. Div. Decision date 1993-04-14 English

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p. 1110
The People of the State of New York, Respondent, v Joseph A. Herman, Appellant.
[598 NYS2d 757]

—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.—

p. 1111
Burglary, 2nd Degree.) Present — Denman, P. J., Green, Balio, Lawton and Davis, JJ.

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