Majority
p. 1110The 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.
Cases cited
- People v. Gower 42 NY2d 117 at 121 p. 1110
- People v. Pena 50 NY2d 400 at 409 p. 1110
- People v. Crimmins 36 NY2d 230 at 242 p. 1110