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PEOPLE v. PEREZ

36 N.Y.2d 848 (1975)

The People of the State of New York, Appellant, v. Humphrey Perez, Respondent.

Court of Appeals of the State of New York.

Decided May 7, 1975.

Attorney(s) appearing for the Case

George S. Kepner, Jr. for appellant.

Michael A. Jacobs for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in Per Curiam opinion; Judge COOKE taking no part.

Per Curiam.

Where proof of guilt is overwhelming, nonconstitutional trial error is prejudicial and, hence, reversible, only if, upon the People's evidence viewed by the fact finders as credible, there is a significant probability that the jury would have acquitted the defendant had it not been for the error which occurred. (People v Crimmins, 36 N.Y.2d 230.)

Here, the totality of the proof against the defendant...

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