PEOPLE v. SMITH


97 N.Y.2d 324 (2002)

766 N.E.2d 941

740 N.Y.S.2d 279

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. REMUS SMITH, Respondent.

Court of Appeals of the State of New York.

Decided February 13, 2002.


Attorney(s) appearing for the Case

William J. Fitzpatrick, District Attorney of Onondaga County, Syracuse (Mark Moody and James P. Maxwell of counsel), for appellant.

Hiscock Legal Aid Society, Syracuse (Philip Rothschild of counsel), for respondent.

Chief Judge KAYE and Judges LEVINE, CIPARICK, WESLEY, ROSENBLATT and GRAFFEO concur.


OPINION OF THE COURT

SMITH, J.

The issue here is whether the trial court erred in denying defendant's motion for a mistrial where a nontestifying witness' statement was inadvertently included on the back of a trial exhibit provided to the jury. We conclude that the strong curative instruction from the court and overwhelming proof of defendant's guilt render any error harmless beyond a reasonable doubt.

At about 4:30 A.M. on August 30, 1998, Robert...

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