Opinion
2014-10-15
The PEOPLE, etc., respondent, v. Piru UMOJA, appellant.
Thomas N.N. Angell, Poughkeepise, N.Y. (Steven Levine of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kristen A. Rappleyea of counsel), for respondent.
Thomas N.N. Angell, Poughkeepise, N.Y. (Steven Levine of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kristen A. Rappleyea of counsel), for respondent.
PETER B. SKELOS, J.P., JOHN M. LEVENTHAL, SYLVIA O. HINDS–RADIX and JOSEPH J. MALTESE, JJ.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Forman, J.), rendered December 18, 2012, convicting him of promoting prison contraband in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
In fulfilling our responsibility to conduct an independent review of the weight of the evidence ( seeCPL 470.15[5]; People v. Danielson, 9 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor ( see People v. Mateo, 2 N.Y.3d 383, 410, 779 N.Y.S.2d 399, 811 N.E.2d 1053; People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902).
Contrary to the defendant's contention, the trial court's Sandoval ruling ( see People v. Sandoval, 34 N.Y.2d 371, 357 N.Y.S.2d 849, 314 N.E.2d 413), was a provident exercise of discretion ( see People v. Hayes, 97 N.Y.2d 203, 207–208, 738 N.Y.S.2d 663, 764 N.E.2d 963; People v. Smith, 63 A.D.3d 1301, 1303–1304, 880 N.Y.S.2d 760; People v. McLaurin, 33 A.D.3d 819, 820, 826 N.Y.S.2d 279).
The trial court erred in allowing an investigator to testify regarding oral admissions made to him by the defendant of prior instances in which the defendant smuggled prison contraband ( see People v. Dorm, 12 N.Y.3d 16, 19, 874 N.Y.S.2d 866, 903 N.E.2d 263; People v. Molineux, 168 N.Y. 264, 291, 61 N.E. 286; People v. Littlejohn, 112 A.D.3d 67, 76, 974 N.Y.S.2d 77). However, that error was harmless, since there was overwhelming evidence of the defendant's guilt and no significant probability that the error affected the jury's verdict ( see People v. Crimmins, 36 N.Y.2d 230, 237, 367 N.Y.S.2d 213, 326 N.E.2d 787; People v. Araujo, 101 A.D.3d 741, 742, 955 N.Y.S.2d 166).