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People v. Modeste

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1998
247 A.D.2d 491 (N.Y. App. Div. 1998)

Opinion

February 9, 1998

Appeal from the Supreme Court, Queens County (Golia, J.).


Ordered that the judgment is affirmed.

The defendant argues that the hearing court erred in failing to suppress a statement made by him to the police. We hold, however, that any possible error by the hearing court does not warrant reversal of the conviction. The defendant's statement, which was largely exculpatory, pales in significance when contrasted with the overwhelming proof of his guilt, as established by evidence apart from his statement. This additional evidence included the compelling testimony of the surviving victim, proof corroborating certain features of the surviving victim's testimony, and the testimony of other witnesses concerning the crimes. Accordingly, any error in the failure to suppress the defendant's statement is harmless beyond a reasonable doubt ( see, People v. Flecha, 60 N.Y.2d 766; People v. Sanders, 56 N.Y.2d 51, 66-67).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

Rosenblatt, J.P., Copertino, Goldstein and Luciano, JJ., concur.


Summaries of

People v. Modeste

Appellate Division of the Supreme Court of New York, Second Department
Feb 9, 1998
247 A.D.2d 491 (N.Y. App. Div. 1998)
Case details for

People v. Modeste

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE MODESTE, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 9, 1998

Citations

247 A.D.2d 491 (N.Y. App. Div. 1998)
667 N.Y.S.2d 946

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