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PEOPLE v. TURNER

406, 152/13.

137 A.D.3d 463 (2016)

26 N.Y.S.3d 281

2016 NY Slip Op 01577

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TITAN TURNER, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 3, 2016.

Defendant's statement to the undercover buyer, "I can't go back to jail," injected an uncharged crime that was not necessary to complete the narrative or explain defendant's precautions to avoid arrest, and the remark should have been redacted. However, the error was harmless (see People v Crimmins, 36 N.Y.2d 230 [1975]), given the overwhelming evidence of defendant's guilt, which included...

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