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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES MACY, Appellant.

Appeal by defendant from a judgment of the County Court, Nassau County (Vitale, J.), rendered October 5, 1981, convicting him of three counts of burglary in the third degree, upon a jury verdict, and imposing sentence. Judgment affirmed. Although the admission of an extrajudicial statement made by defendant's alleged accomplice was improper, the error was harmless beyond a reasonable doubt in light of the overwhelming evidence of defendant's guilt ( People v. Hendrix, 56 A.D.2d 580, affd 44 N.Y.2d 658; People v. Crimmins, 36 N.Y.2d 230). We have considered defendant's remaining contentions and find them to be without merit. Gulotta, J.P., Weinstein, Bracken and Niehoff, JJ., concur.

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PEOPLE v. MACY
(Feb 7, 1983)