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People v. Confer

73 A.D.2d 785 Court Fourth Department, Decision date 1979-12-07 English

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p. 785
Fourth Department,
December, 1979
(December 7, 1979)
The People of the State of New York, Respondent, v Merrill Confer, Appellant.

unanimously affirmed. Memorandum: The limited use permitted defense counsel of the police report in this case when he sought to examine prior written statements of the prosecution witnesses for purposes of cross-examination was an error under People v Rosario ( 9 NY2d 286 ). We find, however, that there is no reasonable possibility that this error might have contributed to the conviction and that it was, therefore, harmless beyond a reasonable doubt (Chapman v California, 386 US 18 ; People v Crimmins, 36 NY2d 230 , 237). (Appeal from judgment of Onondaga County Court—burglary, third degree, etc.) Present—Cardamone, J. P., Schnepp, Callahan, Witmer and Moule, JJ.

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