People v. Remington

Judgment unanimously affirmed. Memorandum: Although we find that errors were committed in the course of the trial, we note that “ Errors are almost inevitable in any trial, improprieties almost unavoidable, but the presence of one or the other furnishes no automatic signal for reversal and retrial ” (People v. Kingston, 8 N Y 2d 384 , 387); and this is true even with respect to some constitutional errors (Chapman v. California, 386 U. S. 18 , 22). We are directed to determine appeals without regard to technical errors which do not affect substantial rights (Code Crim. Pro., § 542; CPL 470.05, subd. 1). We conclude that the errors in this record did not affect defendant’s substantial rights and that he received a fair trial. (Appeal from judgment of Erie County Court convicting defendant of murder.) Present — Del Vecchio, J. P., Witmer, Moule, Cardamone and Henry, JJ.