Majority
p. 948The People of the State of New York, Respondent, v James Moss, Appellant. [649 NYS2d 884]
Judgment unanimously affirmed. Memorandum: Supreme Court erred in denying
p. 949
defendant’s motion to suppress evidence seized pursuant to a warrantless search of the apartment leased to defendant’s girlfriend (People v Moss, 168 AD2d 960 ). The evidence of defendant’s guilt, however, is overwhelming and we conclude that there is no reasonable possibility that the error might have contributed to defendant’s conviction; thus, the error is harmless beyond a reasonable doubt (see, People v Crimmins, 36 NY2d 230 , 237, 241; cf., People v Moss, supra, at 960-961 ). (Appeal from Judgment of Supreme Court, Erie County, Kasler, J.—Robbery, 1st Degree.) Present—Green, J. P., Law-ton, Callahan, Doerr and Boehm, JJ.
Cases cited
- People v. Moss 168 AD2d 960 p. 949
- People v. Crimmins 36 NY2d 230 at 237, 241 p. 949