Opinion
04-28-2017
The PEOPLE of the State of New York, Respondent, v. Rommel BURDINE, also known as Romell Burdine, Defendant–Appellant.
Motion for reargument granted in part and, upon reargument, the memorandum and order entered February 10, 2017 (147 A.D.3d 1471, 47 N.Y.S.3d 591 ) is amended by deleting the fourth sentence of the second paragraph of the memorandum, and by deleting the first sentence of the second paragraph of the memorandum, and replacing the first sentence with the following sentence: "We conclude, however, that the error is harmless inasmuch as the evidence of defendant's guilt is overwhelming, and there is no reasonable possibility that the admission of the text messages might have contributed to defendant's conviction (see generally People v. Crimmins, 36 N.Y.2d 230, 237, 367 N.Y.S.2d 213, 326 N.E.2d 787 )."
SMITH, J.P., DEJOSEPH, NEMOYER, TROUTMAN, and SCUDDER, JJ., concur.