AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERGARDO ROSARIO, Appellant.

Ordered that the judgment is affirmed.

The defendant and his codefendant (see, People v DeJesus, 222 A.D.2d 449 [decided herewith]) were apprehended in the vicinity of a dumpster shortly after they committed a burglary at 575 Warren Street, Brooklyn. The two men were immediately identified at the scene by two civilian witnesses. The defendant claims that he is entitled to a new trial because the Supreme Court "allow[ed] the prosecution to use the defendants' alleged statement that they were looking in the dumpster for cans". Even assuming that this statement should have been suppressed (cf., People v Johnson, 86 A.D.2d 165, 168, affd 59 N.Y.2d 1014, 1016), it is clear that any error connected with the admission of this statement must be considered harmless (see, People v Crimmins, 36 N.Y.2d 230, 242).

We have examined the defendant's remaining contentions and find them to be without merit. Mangano, P.J., Bracken, Sullivan and Rosenblatt, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. ROSARIO
(Dec 4, 1995)