Opinion
10223 Ind. 4189/14
10-29-2019
Janet E. Sabel, The Legal Aid Society, New York (Richard Joselson of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Diana Wang of counsel), for respondent.
Janet E. Sabel, The Legal Aid Society, New York (Richard Joselson of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Diana Wang of counsel), for respondent.
Renwick, J.P., Manzanet–Daniels, Mazzarelli, Webber, Oing, JJ.
Judgment, Supreme Court, New York County (Marcy L. Kahn, J. at hearings; Ann M. Donnelly, J. at jury trial and sentencing), rendered July 30, 2015, convicting defendant of robbery in the first degree, and sentencing him to a term of five years, unanimously affirmed.
The evidence of defendant's guilt was so overwhelming, independent of the stolen property recovered from defendant's bag, that we find it unnecessary to determine whether the hearing court correctly found that defendant lacked standing to challenge the search of the bag. Any error in the court's ruling was harmless (see People v. Crimmins , 36 N.Y.2d 230, 367 N.Y.S.2d 213, 326 N.E.2d 787 [1975] ) because the stolen property added little or nothing to the People's overwhelming case, and had no bearing on any issue contested at trial.