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People v. Keller

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 10, 1999
258 A.D.2d 880 (N.Y. App. Div. 1999)

Opinion

February 10, 1999

Appeal from Judgment of Supreme Court, Monroe County, Mark, J. — Grand Larceny, 4th Degree.

Present — Denman, P. J., Green, Hayes, Pigott, Jr., and Balio, JJ.


Judgment unanimously affirmed. Memorandum: Defendant was convicted of grand larceny in the fourth degree (Penal Law § 155.30) and petit larceny (Penal Law § 155.25 Penal) as the result of a purse-snatching in a supermarket parking lot. At trial the owner of the purse and another witness testified that they observed the license number of the vehicle used to flee the scene and contacted police. The investigating police officer testified that he located the registered owner of the vehicle and asked her what relationship, if any, she had to defendant. Over defendant's objection, the officer was permitted to testify that the owner responded that defendant is her grandson. That statement was not pedigree information. Thus, Supreme Court erred in admitting the statement of the owner pursuant to the exception to the hearsay rule for statements of pedigree and family history. In any event, in view of the overwhelming evidence identifying defendant as the perpetrator of the crime, any error in admitting the hearsay statement is harmless ( see, People v. Crimmins, 36 N.Y.2d 230, 242).


Summaries of

People v. Keller

Appellate Division of the Supreme Court of New York, Fourth Department
Feb 10, 1999
258 A.D.2d 880 (N.Y. App. Div. 1999)
Case details for

People v. Keller

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN KELLER, Appellant

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

Date published: Feb 10, 1999

Citations

258 A.D.2d 880 (N.Y. App. Div. 1999)
685 N.Y.S.2d 498