Hyperlawhypertext legal database People v. Romero 27 N.Y.3d 981

← Cases

People v. Romero

27 N.Y.3d 981 Court N.Y. Decision date 2016-04-28 English

Judges Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

Contents

Majority

p. 981
[51 NE3d 554, 32 NYS3d 43]
The People of the State of New York, Respondent, v Anthony Romero, Also Known as Robert Rosa, Appellant.
Decided April 28, 2016
p. 982
APPEARANCES OF COUNSEL
Lynn W.L. Fahey, Appellate Advocates, New York City (Patricia Pazner of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens (John M. Castellano of counsel), for respondent.

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed. Defendant’s pre-Miranda statement, while in custody, in response to a detective’s question regarding whether he would like to make a statement should have been suppressed. However, the error in failing to suppress the statement was harmless beyond a reasonable doubt in light of the overwhelming evidence against defendant and there being no reasonable possibility that his statement contributed to the verdict (see People v Rivera, 57 NY2d 453 , 456 [1982]). Additionally, there is record support for Supreme Court’s decision to deny defendant’s motion to suppress the showup identification (see People v Clark, 85 NY2d 886 [1995]), and that decision is beyond our further review.

Chief Judge DiFiore and Judges Pigott, Rivera, Abdus-Salaam, Stein, Fahey and Garcia concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, in a memorandum.

Cases cited